Unlawful Discrimination?

Employees in all industries have the right to a safe working environment, free from discrimination based on age, gender, ethnicity, marital status etc.

It is unlawful for an employer to take adverse action against an employee on the basis of any of these attributes.

Can my employer ask me about my medical history during the recruitment stage?
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Can my employer ask me about my medical history during the recruitment stage?

During the recruitment process, your employer may ask you questions pertaining to your medical history relating to your ability to perform the inherent requirements of the role.

Can an employer be held vicariously liable for their employee?
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Can an employer be held vicariously liable for their employee?

Vicarious liability occurs when one party can be found liable for another party’s actions. In an employer/employee relationship, employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment.

Can I still bring a discrimination claim against my former employer if I resigned?
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Are there circumstances when discrimination is permitted?

Section 351(1) of the Fair Work Act 2009 (Cth) provides protection against adverse action based on an employee or prospective employee because of their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

I feel I am being discriminated against due to my pregnancy and parental responsibilities. What are my rights as a working parent?
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I feel I am being discriminated against due to my pregnancy and parental responsibilities. What are my rights as a working parent?

Employers have certain obligations by law when it comes to dealing with an employee who is either pregnant or who has parental responsibilities.

Can I still bring a discrimination claim against my former employer if I resigned?
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How do I prove Age Discrimination in breach of the Fair Work Act?

The Fair Act 2009 (cth) includes provisions that protect employees against workplace discrimination. Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of certain attributes including the employee’s age.

Unfair Dismissal Lawyers
1593 views

I have been set unreasonable KPIs, what do I do?

Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?
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I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?

It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.

 

Do I have to accept a redundancy if the redeployment options offered are not suitable?
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Do I have to accept a redundancy if the redeployment options offered are not suitable?

In an age where employers are becoming increasingly cost-focussed in the face of economic stagnation and narrowing profit margins, employees are often made redundant in an attempt to save on wage costs.

I have been unfairly treated at work due to my political opinion, what can I do?
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I have been unfairly treated at work due to my political opinion, what can I do?

In the modern era, having the power to freedom of speech is a hot topic. Free speech is considered the most precious of rights and allows a person to communicate ideas and opinions in the form of speaking, writing or printing but can it be abused?

How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?
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How do I know whether my employer’s decision to make my position redundant is lawful or genuine redundancy?

Redundancy is a far more complex concept than most people know. Even judges get it wrong. There is no substitute for sound legal advice but here is a start.

Workspace Lawyers
2590 views

Is my support person allowed to speak or act on my behalf during a disciplinary meeting?

As an employee you are entitled to have a support person at a disciplinary meeting.  This entitlement also extends to a performance management or investigatory meeting.  In fact, the failure by an employer to allow you to have a support person present may result or add weight in a dismissal in relation to that meeting being deemed unfair due to the lack of procedural fairness.

Workspace Lawyers
2216 views

My new employer has retracted my employment offer, after I have resigned from my previous employment. Do I have any legal recourse?

In today’s society, the work force is increasingly transient, and individuals routinely change jobs as well as career paths. Indeed, the Bureau of Labour Statistics reports that on average, an individual will change jobs between 10 and 15 times throughout their working life. In such a climate, it can be difficult navigating the uncertain realm of when to rely on the offer of new employment and resign from previous employment.

User Guide to the Fair Work Act

This is your best guide to the complex Fair Work Act. It makes navigating the act easy.

Accessing the Law

Lots of laws apply to you

Everyone's situation is different but...

Fair Work Act 2009 - protection and compensation

Read how this act applies to your situation.

Dealing with misleading conduct by your employer

The Competition and Consumer Act plays an important role...

Court Links

See a list of courts and other institutions.

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