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Unlawful discrimination or harassment within Employment

Discrimination within Employment

Unlawful discrimination in the workplace is primarily covered by either the Workplace Injury Rehabilitation and Compensation Act, the Equal Opportunity Act or the Fair Work Act. These acts prohibit discrimination and victimisation and provide an avenue for workers to take action against employers who have discriminated or victimised employees.

Under the Fair Work Act there are several attributes and characteristics that are protected and are often called. This means your employer, or any prospective employer is prohibited from taking adverse action against you because of your race, colour, sex, gender, sexual orientation, age, disability (mental or physical) or due to you exercising a workplace right, making a request for a pay-rise or other enquiries, making complaints, reporting injuries or bullying, taking stress leave or taking steps to exercise a workplace right like requesting leave, claiming entitlements or lodging a work injury claim.

Discrimination or adverse action in workplace can take many forms and may include:

  • Dismissal or termination of employment
  • Demotions or reduction in wages
  • Standing you down for employment
  • Making unfounded allegations resulting in damage to professional reputation
  • Unfair and unjust treatment
  • Denial of opportunities, training, or career progression (directly or indirectly)
  • Reduction of shifts

If you have been subjected to unfair or discriminatory treatment or adverse action in the workplace due to a protected attribute you may be entitled to make a General Protections claim.

If the adverse action taken against you results in dismissal, you have 21 days from the date the dismissal took effect to bring forward a claim under the General Protections provisions of the Fair Work Act.

Under the Equal Opportunity act, you may bring forward a claim within 12 months from the date of the alleged discrimination took place.

Separately, under the Workplace Injury Rehabilitation and Compensation Act, you may bring forward a claim within 12 months from the date of the alleged discrimination took place, provided that the discrimination is connected to the lodging of claim for compensation, a workplace injury or due to steps taken to pursue worker’s compensation entitlements.

If you have been discriminated against in the workplace, contact Karlos Lawyers today and claim what’s yours. Karlos Lawyers are experts in discrimination compensation claims and can help you navigate the complex discrimination compensation systems.

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