The Case

United Workers Union v Bervar Pty Ltd and Ors (2022)

Bervar Pty Ltd employed Ms Talwinder Kaur as a production worker in its ready-made pizza production factory in Victoria.

Between March and May 2020, Ms Kaur claimed her production manager, Mr Gigliotti, was aggressive towards her and made racist remarks during work-related discussions.

Ms Kaur became so upset on one occasion that she left her shift early.

The human resources (HR) manager, Mr Blewett, called Ms Kaur to check on her welfare.