Discrimination and Harassment
Employers must take reasonable action, training and steps to avoid workplace discrimination and harassment (including sexual harassment).
Discrimination may occur during your pre-employment process, within the employment engagement period and during the termination of employment.
Workplace harassment is best described as repeated unwelcome conduct that offends, intimidates or humiliates the person. The conduct may be directly or indirectly connected to grounds for unlawful discrimination being a person’s race, age, religion, disability, sexual orientation, gender, etc.
Workforce Advisory can assist Employers with:
- Discrimination and Harassment Policy
- Allegations, Investigations and Correspondence to Employees
- Determining if conduct outside of work is or is not an employment issue
- Negotiating and assessing settlements for managers subject to alleged unlawful conduct
- Assisting with any formal complaint filed with regard to Discrimination before a Court or Tribunal
- Timing, Correspondence and Strategy
Potential claims an employee may make include:
- Adverse Action
- Unfair dismissal claim
- General protection claims
- Workers Compensation claim
- Superannuation claim
- Underpayment claim
- Breach of contract claim
Workforce Advisory can help
The risks of a claim can be managed through Time, Administrative Processes and good Strategy.
- Public Servant’s discrimination claims rejected
- Discrimination against 70 year old constitutes Adverse Action
- Applicant told ‘too old for job’ wins compensation
- Industrial Court significantly increases compensation to sexually harassed worker
- Despite resigning, former employee succeeds in pursuing general protections claim
- Amended federal legislation governing sexual harassment
- Laundromat owner received significant fines for ongoing sexual harassment
- Employee’s adverse action fails
- Failing to comply with Hiring conditions does not enable unfair dismissal access
- Termination of Qantas pilots upon reaching 65 years of age ruled fair
- Former employee awarded significant general damages for sexual harassment at work
For queries about Discrimination and Harassment or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 1300 WAL LAW, 0417 622 178 or via email to email@example.com
Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.