A worker has been fired from his high-paying job after he referred to his non-binary colleague as ‘he’ instead of ‘they’.
The Perth man, 63, claimed wrongful dismissal and the case went to the Fair Work Commission, following an incident in February in which he introduced his younger co-worker at a leadership training course.
It’s understood the legal dispute began when the non-binary employee told their older male colleague they wanted to be referred to as ‘they’, and the pronoun would be written on their name badge.
After the Perth man called his colleague ‘he’, another colleague corrected him.
The 63-year-old then apologised to his younger co-worker — a biological male who identified neither as a man nor a woman.
Following the exchange, relations between the colleagues remained cordial throughout the training day, The West Australian reported.
The Perth man was later told by his manager that a formal complaint had been made and he was required to submit a written apology.
He refused and it’s understood he said no one could be ordered to call a colleague ‘they’.
A 63-year-old Perth man claimed wrongful dismissal and his case went to the Fair Work Commission, following an incident in which he called his non-binary colleague ‘he’ instead of ‘they’ (stock image)
The 63-year-old later told a Fair Work hearing that if one person had the right to use a particular pronoun, then another person had the right not to.
His decision not to apologise led to further backlash from his younger co-workers, who had sided with their non-binary colleague.
In March, the company launched an investigation, culminating in the Perth man’s contract being terminated.
He claimed his dismissal was unlawful, sought legal advice, and shared his intention to take the matter to Federal Court.
The case went to the Fair Work Commission and the man was told he risked being subjected to social backlash if the matter was heard in open court.
He subsequently reached a confidential settlement with his former employer.
The identities of the 63-year-old man and the non-binary employee, and the name of their employer, are not publicly available information, however details of the case were leaked when lawyers discussed the implications of the case.
Lawyers have said there did not appear to be a legal right for someone to be called ‘they’ or ‘them’ within the workplace, and it was up to individual companies to dictate pronoun convention.
The Perth man was corrected by another colleague, with the 63-year-old apologising, before a formal complaint was subsequently lodged (stock image)
It is understood that the company who employed the 63-year-old and his non-binary colleague did not have a pronoun policy.
The case is unusual because motivations were not linked with religion.
The Perth man’s refusal to submit a written apology was not connected to faith, but to a belief he was being forced into accepting a position on gender politics.
