FAQs matching Discrimination

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Can employees on maternity leave be discriminated against?

Practice Areas: Discrimination

In Thomson v Orica Australia (2002) 116 IR 186; [2002] FCA 939, the Federal Court found that the respondent had engaged in direct discrimination...

Is there such a thing as ‘positive’ discrimination under Australian employment law?

Practice Areas: Discrimination

There are exceptions that are different in nature in that “special measures” have been included allowing employers to identify potentially...

How is Bullying different from harassment or discrimination?

Practice Areas: Business & Commercial Law, Franchises, Employment Law - Worker Perspective, Employment Law - Employer Perspective, Discrimination, Harassment

Bullying is defined by its behaviour, and can potentially affect the emotional, mental and psychological well-being of workers. Harassment and discrimination...

What key changes is the Government proposing to make to equal opportunity legislation?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Discrimination, Harassment, Unfair Dismissal

The Commonwealth Government has announced that it will introduce changes to equal opportunity legislation in Parliament by the end of 2011. The Equal Opportunity...

What laws protect pregnant women against discrimination in the workplace?

Practice Areas: Employment Law - Employer Perspective, Discrimination, Human Rights

Both the Fair Work Act 2009 (Cth) and the Sex Discrimination Act (Cth) offer protections from workplace discrimination to any woman who is potentially,...

I'm an employer and I am looking for a employee around the age of 22 years so they can fit into the team of young workers. Can I advertise my preference?

Practice Areas: Employment Law - Worker Perspective, Discrimination

You must not use words like "junior", "young" or specify a particular age to indicate you are looking for someone in a particular age group unless: you...

What are the significant changes to the federal Age Discrimination Act 2004 arising from recent legislative amendments?

Practice Areas: Business & Commercial Law, Employment Law - Worker Perspective, Employment Law - Employer Perspective, Discrimination

In July 2009, the Commonwealth government amended the Age Discrimination Act. The amendments made it easier for employees to bring a claim of age discrimination...

Where do Employees source their rights to long service leave entitlements?

Practice Areas: Employment Law - Worker Perspective, Discrimination, Workplace Privacy, Unfair Dismissal, Superannuation & Elder Law

There are a number of possible sources that may give an employee in New South Wales entitlement to long service leave payments. These sources do not provide...

Can an employer conduct pre-employment medical testing?

Practice Areas: Employment Law - Employer Perspective, Discrimination, Workplace Privacy, Privacy & Surveillance

Many employers use pre-employment testing as a legitimate part of their selection process. Employers must be vigilant if they choose to implement a policy...

What can an employee do if they believe they have been dismissed unfairly?

Practice Areas: Employment Law - Worker Perspective, Discrimination, Unfair Dismissal

Provided that an employee falls within certain legislative parameters, employees may pursue a number of statutory remedies if they believe their termination...

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