Where a person has been the victim of discrimination, often based on an unlawful ground such as gender, race, religion, parental obligations and disability, a complaint can be made to the Anti Discrimination Board, within 12 months of the discriminatory conduct.
A complaint will be referred to a "complaint handler" who investigates the complaint and can then call upon the parties to participate in conciliation. Conciliation is where the parties to a dispute meet with a conciliator to discuss the contentious issues and attempt to reach a resolution.
If the complaint cannot be successfully conciliated, the dispute may be referred to the NSW Civil and Administrative Tribunal where evidence will be presented at a final hearing and a legally binding determination will be made by the Tribunal Member.
Discrimination disputes arising from employment, prospective employment or being engaged as a contractor (as common examples) may also give rise to a separate action under the Fair Work Act called adverse action. Adverse action is where a person is treated differently on discriminatory grounds eg they were not employed/ engaged as a contractor because of their race, or were not promoted because of their disability. Such disputes can be determined by the Fair Work Commission which also seeks to resolve complaints by alternative dispute mechanisms such as conciliation.
Should you require advice do not hesitate to contact our Discrimination Lawyers by telephone on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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