April 28, 2005 | By Peter Bihr |
Ms Zhang had complained that her employer had no right to ask her to wear a miniskirt at work, but Federal Magistrate Rolf Driver found against her.
“Ms Zhang complains about the obligation to wear short skirts upon the basis that this treated her as a ‘sex object’.
“However, this confuses sex discrimination with sexual discrimination.
“It does not avail her anything to complain that her employer took advantage of her sexuality.”
John Barry, from the NSW branch of the Liquor, Hospitality and Miscellaneous Workers Union, said it appeared that under the hotel award employers could dictate what length of skirt was worn.
He said that in the 1980s the union had a clause inserted into the award dealing with offensive attire, in response to demands by some employers for staff to go topless. As a result of industrial law simplifications brought in by the Federal Government that clause had been removed.