Workplace Discrimination In Australia In Orange
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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.
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.
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.
The general position in Australian law is that discrimination in any form against a person, which is due to certain protected attributes, is considered to be unlawful. So, it follows that “positive discrimination”, notwithstanding its best intentions, can still be considered unlawful discrimination.
The legislation protects people from discrimination on the basis of their individual attributes in certain areas of public life, and provides redress for people who have been discriminated against. It also aims to eliminate, as far as possible, discrimination, sexual harassment and victimisation.
The Act requires employers with 100 or more employees to report annually against six gender equality indicators. In 2022, the application of the Act was extended to the Commonwealth public sector. The six gender equality indicators are: GEI 1 – gender composition of the workforce.
The Fair Work Act 2009 is the primary federal legislation governing employment in Australia, and it applies to all employers and employees across the country. This Act sets out the minimum terms and conditions of employment, such as wages, leave entitlements, hours of work, termination of employment, and more.
