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Discrimination - job requirements

Discussion in 'The Pub' started by MadAzz300, Oct 13, 2012.

  1. I'm the supervisor for the receiving section at my work. We bring in 6-8 containers a day, some being light product, most being heavy. The majority of the containers a 40'HC (high cubic) which are 2.6 metres (8ft 10in) high. This means the unloaders are taking the stock out from above shoulder height.

    So my requirement for any guys working in the containers seems to be discriminatory. They need to be fit, and at least 5'10" to 6ft tall. Apparently I cannot request this, because it is discrimination.

    I don't get how - if they guy coming in is not suitable, he will be sent home, simple as that. We've had over 70 people come through containers in the last year 1/2, 5 - 10 of which could do the job.

    Is this law going to far? Does that mean if I apply for a job, say in construction, and I don't get the job because I'm not physically suited- can I sue the employer under the discrimination act?

    My request to labour hire:
  2. buy a forklift
  3. I`m 6ft tall & really need a job ,have own transport .no resume .Few weeks work will do for me. I really hate sydney , could not make it a place im very happy
  4. What a slack labour hire company. They should be doing what they can to provide you with a good service.

    If you get short people they will get injured and it is not practical for you to provide any sort of equipment which could make the job safe for short people.
  5. If you where doing the hiring yourself, you would be selectively discriminating against the short people, as not suitable to do the job.

    It can be a fine line between what is seen as discrimination, and what is seen as fulfilling OH&S requirements.
  6. Mendoci,

    Agreed; they are supposed to be serving you, not finding excuses not to...
  7. We've got a forklift driver. Everything is off loaded by hand onto pallets, then the fork driver takes the pallet away. Due to saftey rules, the guys cannot step up onto a stack of pallets or product to get the stuff down from the top.
    We have had some injuries and many near misses - all due to the fact that the guys were not suited to the job.
    Yes, the labour hire company is crap -unfortunately we tender every 2 years for new companies, and the business is not about to break the contract with them, because technically they are providing the people to fill a role.

    I'm just gobsmacked that we are so frail. What isn't deemed as discrimination these days??

    [MENTION=38208]morbosity[/MENTION] if you're serious - PM me and I'll send through the info to sign up. We're located in Erskine Park - so the trip from Newcastle might be a bit of a jaunt.
  8. I know of a short, half indigenous, half middle eastern, redheaded, muslim lesbian amputee that is looking for work?
  9. Its a real problem you have here.

    Let me think about it for a second hhmmm.
    If I want to reach some thing heigh because I'm to short what would I use ??.....beats me ..guess thats why I'm not a superviser.

    Thanks for the laugh it made my morning.:rofl:
  10. lol at redheaded getting in there... but seriously - if you did know of such person - there is certian jobs in the warehouse they could do - just not container unloading...
  11. Yep, the law is arse about ... You can't say the person must be 6' tall, but you can describe what they need to be able to do, to the point it's obvious they need to be 6' tall !!

    Or provide a platform / milk crates for the shorties :)
  12. Sorry? You care to elaborate?

    Can't be done. There's to many issues with providing something to step up on. Our containers are loaded in China. Some are not loaded correctly (suprise) and collapse mid way through. The guys need to be on thier feet on the floor of the container so they can get out of the way quickly.


    I personally wouldnt want to be on a milk crate trying to pull down 30kg generators, drill presses or lawnmowers- your back would be gone in no time.
  13. I hear ya man. I want to get out to Newie pronto. Sent my resume to every possible employer I could up that way. Sydney is literally (according to a psych) turning me nuts.

  14. Yah, their is some very nice places in Australia ,Sydney is not one of them (for me anyway),But i need a job.
  15. Ricardo is correct. You cannot specifically say they must be 6' tall. But you can specify what the job entails and what is required to be able to fulfil the position.
    So you can say they must be able to lift heavy items from a height of 6'.

    If some strong short fellah that wears stilts decides they can do it, you could not really say no.

    In short, if its a requirement for a job, its not discrimination.

    If you do decide to hire someone short, and they have an accident. Then Work Safe could have a field day that you did not provide a safe work environment. e.g. providing your own stilts.

    Someone may take you task if they believe you could "reasonably" help them fulfil the position be providing a ladder etc. You would need to prove that use of a ladder would actually be more dangerous / hinderance to the procedure/position. e.g. it takes twice as long to complete the job with short people and a ladder opposed to using tall people.

    What is "reasonable" is ultimately determined in court. Until then its everyones opinion.
  16. Yeah it is discrimination to a point. A good container team will organise itself so everyone is sharing the load.

    Just as it's an effort for a short person to get a carton from the top, it also places a strain and a risk for the tall person to lift off the bottom.

    Unfortunately the position attracts more brawn than brains so you see some crews doing it the hard way no matter what their size. There's been a shift in the industry to cut wages so it's only going to attract more boofheads in the future.

    Keep turning over the dumb ones and do everything you can to retain and build good crews out of the rest.

    Talk to your guys everyday and they'll let you know if you need to cut someone.

    Please put personal hygiene at the top of your list. BO, farts or a predilection towards curries or garlic is as about as funny as a fart in a spacesuit.
  17. dig a giant pit and fill it with foam blocks.
    empty the container into the pit.
    then the few tall employees you have can toss the midgets and dwarfs into the pit.
    they then collect an item and ferry it through a series of small tunnels singing hi ho
  18. There is merit in what chef says. The reality is that despite what you are allowed to put in your employment ad, you will select the best applicant based on your criteria. The down side is that by not being able to be more specific in your description of the person you are looking for is that a lot of applicants will just be wasting their time and yours.
    It's just something that, as an employer, we live with and try to work with within the law and in the fairest way possible. The ramifications of employing the wrong person can be significant in a number of ways, not the least of which is the often difficult task of replacing them as we'll as the economic consequence.
  19. Waiting for the day when you can advertise for what you actually want....

    Attached Files:

  20. Where I worked we had people who were 5'6" and 5'7" unloading containers. The fastest way to do it (when they are stacked properly) is just to pull from halfway up a stack and let them drop a bit. Causes next to no damage. Even a 5'0" can pull from midway up a stack. Also from memory OHS suggests you shouldn't be stacking above the top most bar rack (which never gets followed anyway).