Text : Lub Lom Kom Nai
Can Australia Do It?
In light of the recent incident where “Dr. Porntip Rojanasunan” was chased away and denied service by the owner of a Thai restaurant in Iceland, as revealed in a widely circulated online video, there has been a significant buzz in the online and social media communities over the past 2-3 days. Many people are curious about whether, from a legal standpoint, the restaurant owner in a foreign country can do this and if it violates human rights principles.
As someone deeply immersed in the restaurant business in Australia for over a decade, I’d like to shed light on this issue. We’ve had to ask several customers to leave our establishment over the years due to safety concerns, such as disruptive behavior or customers who were too intoxicated to be served or had previously caused disturbances.
However, in this particular case, refusing service based on political reasons is uncharted territory for us. It has prompted us to delve into this case to understand if the restaurant owner’s actions were legally permissible and whether they violated any laws.
Because we operate in Australia, we will refer to and share insights from the laws of this country. According to Australian business law (www.business.gov.au), it explicitly states that owners of businesses, including restaurants, have the right to “refuse” or “ban” individuals from their premises at any time, except in the five cases related to Anti-Discrimination. These five cases are:
Age: Businesses cannot refuse service based on age.
Sexual Orientation: Businesses cannot discriminate based on a customer’s sexual orientation.
Gender Identity: Discrimination based on gender identity, appearance, or expression is prohibited.
Race: Refusing service based on a customer’s race is illegal.
Disability: Discrimination against customers with disabilities is not allowed.
Apart from these five cases, businesses have the discretion to refuse service or entry to their premises, and customers cannot contest these decisions. However, if a customer has concerns, they can file a complaint with the relevant government agency responsible for human rights (www.humanrights.gov.au) to investigate whether the business is in violation of anti-discrimination laws.
In the case of “Dr. Porntip Rojanasunan,” if this incident occurred in Australia, it might not easily fall under the categories of discrimination defined in our laws. Pursuing a legal case against such actions could prove challenging and may involve court battles.
Nevertheless, from an ethical and societal perspective, it is important for restaurant owners to handle such situations with empathy and respect. Instead of resorting to harsh actions fueled by hatred or resentment, inviting customers to leave politely, without using offensive language or threats, is a more appropriate approach. This not only preserves the dignity of all parties involved but also avoids unnecessary conflicts and negative publicity.
In a world with strong currents of public opinion, striking a delicate balance between the law and human decency is crucial for businesses and individuals alike.
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