You can make a complaint no matter where you live in Australia. If you are not sure if you can make a complaint about something, you can contact the Commission's National Information Service by phone on 1300 656 419 or by email to infoservice@humanrights.au.
For Example: An employer refused to hire a suitably qualified person as a shop assistant because they were Aboriginal, and instead hired a less qualified person of a different racial background. This could be racial discrimination.
To prove discrimination, plaintiffs must provide evidence that they: (a) are a member of a protected class, (b) are qualified for the position at issue, (c) suffered an adverse employment action, and (d) the employer treated similarly situated employees outside of the protected class more favorably (or some other ...
You must file a complaint with CRD even if you wish to file a case directly in court. If you wish to go to court, you can request an immediate “right to sue” notice when you file your complaint.
Unfortunately, it can be difficult to prove a wrongful termination was due to discrimination in the workplace because the employer may claim “pretext,” or false reason for the wrongful termination.
For Example: An employer refused to hire a suitably qualified person as a shop assistant because they were Aboriginal, and instead hired a less qualified person of a different racial background. This could be racial discrimination.
You can apply to the Federal Court or Federal Circuit and Family Court to have your case heard by the court. You must go through the Australian Human Rights Commission conciliation process first before you can lodge an application. The commission will issue a notice that your complaint has been closed.