Log in or become a subscriber

A manager's "offensive" comments about an employee's weight and facial piercings were ignorant and insensitive, but didn't force her to resign, the Fair Work Commission has found.

Commissioner Paul Schneider accepted the remarks were "hurtful", but noted the manager had apologised and attempted to improve her working relationship with the employee.

It was also clear the employer didn't endorse the manager's comments, and genuinely tried to resolve the issue and encourage the pair to "make up", he said.

The Pier 21 Apartment Hotel guest services agent resigned in February this year, and subsequently submitted a general protections application involving dismissal, but the employer objected on the basis she had voluntarily resigned.

The employee told the Commission her manager made "unwarranted" comments about her weight (in reference to ordering a uniform) and her facial piercings, which made her feel uncomfortable and left her with no choice but to resign...