Workplace Discrimination:

Harassment can also constitute a form of discrimination. The Australian Human Rights Commission states that:

Employers also need to be aware of their responsibilities to ensure that the working environment or workplace culture is not sexually or racially ‘hostile’. Examples of a potentially hostile working environment are where pornographic materials are displayed and where crude conversations, innuendo or offensive jokes are part of the accepted culture. A person has the right to complain about the effects of a sexually or racially hostile working environment, even if the conduct in question was not specifically targeted at them. ^[1]

For more information about harassment and what Navado can do to assist you, see our sections “Sexual Harassment”, “Workplace Harassment” and “Workplace Bullying”.

[1] Fact Sheet: “What is Discrimination and Harassment?” (Australian Human Rights Commission, update 11 January 2010) <http://www.humanrights.gov.au> (accessed 30 October 2012)

If you feel that you have suffered a form of discrimination that is unlawful, you can complain either to Fair Work Australia of the Fair Work Ombudsman. It is often beneficial to have a legal representative assist you in your application. Instances of alleged discrimination should be documented, or if that is not possible, a statement will ordinarily need to be prepared which outlines how you felt that your employer has breached his obligations to you. 

There are remedies available to a person who has been unlawfully discriminated against. The maximum fine that can be levied against a corporation is $33,000.00 for every instance of discrimination. The maximum fine the can be levied against a person is $6,600.00 for every instance of discrimination. Other orders can also be made by either the Federal Magistrates Court or the Federal Court, such as:

• Injunction, which is an order that demands that something be done or that something be terminated;
• Reinstatement, which is an order demanding that the dismissed employee be returned to work;
• Compensation, which aims to provide some account for what the employee has had to suffer as a result of the discrimination.