Workplace Discrimination In Australia In Kings
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FAQ
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.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
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.
Where the Federal Court or Federal Circuit and Family Court of Australia determines that a person has contravened the discrimination protections under the FW Act, the court may make any order that it considers appropriate, including orders for injunctions, reinstatement and/or compensation.
The penalties for discriminatory adverse action can result in a maximum penalty of $66,600 for every corporation violation and $13,320 for every individual violation. The penalty can also include order for injunctions, reinstatement of the employee and/or compensation.
Where the Federal Court or Federal Circuit and Family Court of Australia determines that a person has contravened the discrimination protections under the FW Act, the court may make any order that it considers appropriate, including orders for injunctions, reinstatement and/or compensation.
Sometimes racist behaviour is also unlawful under the criminal law, particularly if that behavior might incite others to violence. If racial hatred is a motivation for another criminal offence (e.g. willful damage or an assault), from April 2024 it might lead to an additional penalty.
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.