Discrimination Demystified

In all State and Federal jurisdictions, discrimination is unlawful. One of the most common places where discrimination occurs is the workplace. However, many people have misconceptions about what ‘discrimination’ actually means. Discrimination does not mean unfair treatment in general, but rather different or less favourable treatment due to an existing personal attribute.

These protected attributes are largely the same across States and at Federal level, only with slight variations. Whether you pursue your claim through the State or Federal jurisdiction depends on the facts of your case.

Checklist:

  • You are still employed  OR   you’ve been dismissed within the last 21 days.
  • You are not employed by a State Government that has it own industrial relations system.
  • You have been discriminated against for any of the following reasons:
    • Race
    • Color
    • Sexual preference
    • Age
    • Physical or mental disability
    • Marital status
    • Pregnancy
    • Family or carer responsibilities
    • Religion
    • Political opinion
    • National extraction
    • Social origin

If you meet all / any of these criteria’s, consider a General Protections claim through the Fair Work Commission.

You have a loosely enforced one year time limit to lodge a claim. Many people who enquire with us are outside the 21 day rule, or are sexual harassment claims. One of the advantages of the Fair work Commission they are ruthlessly effect and quick, this has a distinct advantage if your still employed and need matter dealt with quickly.

Otherwise, you may have the option of pursuing a Discrimination Complaint through your State’s relevant body:

            VIC:      Victorian Equal Opportunity and Human Rights Commission (VEOHRC)

            NSW:   Anti-Discrimination Board NSW (ADBNSW)

            QLD:    Queensland Human Rights Commission (QHRC)

            SA:       Equal Opportunity Commission SA

            WA:     Equal Opportunity Commission WA

            NT:       Northern Territory Anti-Discrimination Commission

            TAS:     Equal Opportunity Tasmania

You can hire representatives to assist you in this process and achieve the best outcome possible – call us on 1800 333 666 for more information and to discuss your rights.

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