Maurice Blackburn

Not all acts of discrimination are unlawful. In order to have a case of unlawful discrimination, employees must be able to show that their employer has acted to their detriment for an unlawful, discriminatory reason.

Discrimination lawyers need to have expertise in navigating a number of relevant statutes, including the Equal Opportunity Act, the Fair Work Act and the Age Discrimination Act.  Our team of experienced discrimination lawyers have acted in many such matters and currently represent two Air Traffic Controllers in Federal Court proceedings alleging unlawful sex discrimination.

Discrimination

You may be able to make a discrimination claim if you have been dismissed, demoted, disadvantaged or treated badly at work because of your:

• race
• sex
• age
• disability or impairment
• pregnancy
• family or carer's responsibilities
• union or industrial activity
• religion
• sexual orientation, or
• making a complaint or inquiry about your employment.

In a discrimination claim, you can seek compensation for lost wages, pain, suffering, hurt and distress.  In some cases, you may be able to seek penalties and injunctions.  The overwhelming number of workplace discrimination cases resolve prior to trial.

There are a number of different claims available under State and Federal discrimination laws including:

• the Fair Work Act 2009 (Cth)
• the Sex Discrimination Act 1984 (Cth)
• the Racial Discrimination Act 1975 (Cth)
• the Disability Discrimination Act 1992 (Cth)
• the Equal Opportunity Act 1995 (Vic)
• the Anti-discrimination Act 1977 (NSW)
• the Anti-Discrimination Act 1991 (Qld)

Maurice Blackburn can advise you whether you have a discrimination or victimsation claim under State or Federal Discrimination laws.  Under discrimination laws, it may be possible to seek compensation, reinstatement or injunctions against your employer or ex-employer.  It is important that you carefully choose which claim to make.  Our team of experienced discrimination lawyers have acted in many discrimination claims, and we can advise you in your decision.

Click here for details on how we successfully obtained orders from VCAT against a company that illegally discriminated against one of its workers in breach of the Equal Opportunity Act.

Sexual harassment

Sexual harassment is when someone engages in unwelcome conduct of a sexual nature towards another person, in circumstances where a reasonable person would expect that the other person would be offended, humiliated or intimidated.  This can include:

• unwelcome sexual advances or requests for sexual favours
• inappropriate touching, or
• sexual comments including sexually explicit jokes.

If you have been sexually harassed in employment, we can help you bring a claim to recover compensation for lost wages, hurt, distress, pain and suffering.

Most sexual harassment cases settle before trial.  Our team of lawyers has extensive experience in representing the victims of sexual harassment.

New workplace rights

The new Fair Work Act 2009 has increased protections for employees from adverse action by their employer.  Adverse action includes termination of employment, other disciplinary action and discrimination.  The Fair Work Act states that your employer cannot take adverse action against you because you have exercised a workplace right.  Workplace rights are broadly defined and include:

• complaints made about your workplace
• having the benefit of an award, or an agreement, or a workplace law
• having a role or responsibility in an industrial agreement.  For example, being an Occupational Health and Safety representative under an agreement, or a complaints officer in an agreement, or being able to represent other employees in interviews with managers pursuant to an agreement.

There are other general protections in the Fair Work Act.  Your employer cannot pretend that you are a contractor when in fact you are an employee.  Hence, they cannot deny you the benefits an employee would have simply by calling you an independent contractor and pretending you are an independent contractor.

You cannot be dismissed from your employment because you were temporarily absent from work.  A temporary absence is defined as up to three months across one year.

Enforcement of workplace rights

If you want to take action against an employer to enforce your workplace rights, then you can take action in Fair Work Australia (the new Industrial Tribunal), the Federal Magistrates Court or the Federal Court.  It is up to your employer to prove that it did not take adverse action against you because of your workplace right.  A court can make any order that is appropriate to address the hurt, suffering or damage that you have endured.  This could include:

• reinstatement if you have been dismissed
• compensation
• apology, or
• restoring you to your correct position.

If you think that your employer has taken action against you because of a workplace right, you should contact Maurice Blackburn immediately on 1800 810 856.

Remember, time limits apply in making applications so get advice as soon as you can.