Same-sex marriage: Fair Work to investigate 18-year-old woman 'let go' for supporting No vote

Fair Work investigators are looking into the alleged dismissal of the 18-year-old after she was fired for backing the 'No' vote in the same-sex marriage postal survey.

Fair Work is making inquiries after a Christian children's party entertainer was 'let go' from her job after she voiced her opposition to same-sex marriage online this week.

Her former employer, Madlin Sims, claimed she ceased engagement with the 18-year-old contractor, who has identified herself as "Madeline", after she declared her support for the 'No' campaign on Facebook.

Following the public backlash, investigators for the Fair Work Ombudsman have confirmed they will interview both Madeline and Ms Sims to find out if the alleged dismissal was legal.
"The Fair Work Ombudsman is aware of this matter and in order to form an assessment as to whether any workplace laws have been breached will be contacting the parties involved as part of its inquiries," a Fair Work spokeswoman told SBS World News.

An action for unfair dismissal can be sought against an employer if a person's employment is terminated for their political opinion.

Unfair dismissal laws protect employees not contractors.
Madeline same-sex marriage Bolt Report
She appeared on The Bolt Report on Sky News to defend her stance. Source: Sky News
Fair Work will need to determine whether Madeline, who had worked just two shifts for the business, falls under the jurisdiction of unfair dismissal since she was claimed by Ms Sims to be a contractor, not an employee.

MP George Christensen, a conservative, has also called on the Human Rights Commission to investigate the matter, which he called a "blatant abuse of human rights".

Madeline, who only wanted to be known by her first name over fears of retribution, refuted her former employer's claim she was a "homophobe" when she spoke to media this week.
"I am the oldest of eight kids, I have helped in Sunday schools and church camps and kids camps," she told Sky News.

"I’m a nanny at the moment, I’ve always worked with children, children are just what I know.

"To be called a homophobe and to say I’m a risk for the children I work with and the families of the children that I work with, I highly disagree."
Madeline had put a filter on her Facebook profile photo that read: "It's OK to vote no."

"Advertising your desire to vote no for SSM is, in my eyes, hate speech," Ms Sims wrote on Facebook earlier in the week.

"Voting no is homophobic. Advertising your homophobia is hate speech. As a business owner I can't have somebody who publicly represents my business posting hate speech online."
Since the story made national headlines, Ms Sims' brother, Aaron, has revealed how his sister is being harassed for her beliefs.

"It went viral across Australia then as a result we received personal threats on personal numbers they [people who don't believe in same-sex marriage] found our home phone numbers and were harassing us," he told SBS World News.

"There was countless things they said about my sister and her child. It was very, very uncomfortable to be a part of."


Share
3 min read
Published 21 September 2017 9:02am
Updated 21 September 2017 12:45pm
By Riley Morgan

Share this with family and friends