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The Australian legislation, including in Kew, protects employees from job discrimination or unfair treatment on the grounds of race, color, nationality, religion, descent or ethnic origin, disability, age, sex, marital or relationship status, pregnancy, family responsibilities, sexual orientation, gender identity. The law encompasses all aspects from hiring, firing, training, benefits, promotions, layoffs, and other employment conditions.
Understanding and navigating the legal system can be complex. If you believe you've been discriminated against at your workplace, a lawyer could help understand your reasons, advise you, and represent you against your employer. Circumstances needing a lawyer could include being unfairly dismissed, overlooked for promotions, bullied, harassed, or experiencing unfavorable conditions due to your personal characteristics.
The key anti-discrimination laws applicable in Kew are the Equal Opportunity Act 2010 (EO Act) and the federal Fair Work Act 2009. The EO Act prohibits discrimination in employment based on race, disability, sex, religion, political opinion, social origin, age, medical record, criminal record, marital or relationship status, nationality, family responsibilities, among others. The Fair Work Act includes specific protections for workplace rights, and against adverse action and unlawful termination.
Job discrimination can occur in various forms, such as exclusion from recruitment processes, unequal pay, unfavorable task allocation, and unfair treatment. Discrimination can also occur prior to employment, during employment, or after termination.
If you perceive discrimination at your workplace, it's encouraged to first raise the issue within your workplace. If this fails, you might want to lodge a complaint to the Victorian Equal Opportunity and Human Rights Commission or Fair Work Commission.
Yes, if you suspect you are being subjected to discrimination but aren't certain, it's crucial to seek legal advice. You can still lodge a complaint, and investigations would determine if any discrimination occurred.
Complaints regarding discrimination or harassment should be lodged within 6 months of the incident with the Victorian Equal Opportunity and Human Rights Commission. However, if this timeframe lapses, under certain circumstances an extension can be given.
No, 'victimisation' - treating someone unfavourably because they have made a complaint about discrimination or harassment - is unlawful according to the EO Act.
For further support, consider reaching out to the Victorian Equal Opportunity and Human Rights Commission or the Fair Work Commission. These bodies can investigate complaints, offer advice, and guide you through the complaint process.
If you believe you are a victim of job discrimination or want to learn about your rights, you should first seek legal counsel. A lawyer knowledgeable in discrimination law can explain your rights, help you understand the laws applicable to your situation, guide you on whether to make an official complaint, and how to file it. Always remember to document all incidents and keep related evidence safe as it can be beneficial for your case.
