Sexual Harassment in the Workplace
What is unlawful workplace discrimination?
Discrimination at work occurs when you are treated less favourably because you have a protected attribute. Protected attributes include: race, colour, sex, sexual orientation, age, physical and mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Less favourable treatment includes: harassment, dismissal, demotion workplace bullying, not being offered a job or a promotion.
How to fight workplace discrimination
If you have been discriminated against at work, we can help you secure compensation for damage, including loss of income and hurt, distress and humiliation.
Please note that in claims of workplace discrimination, strict time limits apply. Complaints involving dismissal under the Fair Work Act 2009 (Cth) must be made within 21 days. If you think you have been discriminated against or harassed you can check your eligibility to make a claim using our eligibility questionnaire.
Workplace discrimination Australia
The incidences of unlawful discrimination and harassment in Australian workplaces are disgraceful, here are the results of just some recent surveys:
- Women of colour, those with a disability and LGBTI people are particularly vulnerable.
- One in five mothers reported that they were made redundant, had their jobs restructured, were dismissed or their contract was not renewed either during their pregnancy, when they requested or took parental leave or when they returned to work, and one in two experienced discrimination.
- Ageism has been called the new sexism with 75% of people in their 50s and 60s believing it’s more difficult for them to find work, 64% feeling undervalued and 42% believing they were overlooked for work due to their age.
Workplace discrimination occurs when an employer discriminates against an employee (or potential employee) on grounds of race, colour, sex, sexual orientation, age, physical and mental disability, marital status, family or carer’s responsibilities, pregnanacy, religion, political opinion, national extraction or social origin.
If your employer has done, threatened or organised any of the following, you can take action in a general protections application.
- Injury in your employment
- Alteration of your position to your detriment
- Discrimination between you and other employees
- Refusal to employ you
- Discrimination against you (as a prospective employee) on the terms and condition in offer of employment
If you believe that your employer has unlawfully discriminated against you and/or other employees, Resolution123 can assist you to make an application to the Fair Work Ombudsman or the Fair Work Commission.
You may also be able to make a complaint to the Australian Human Rights Commission.
The claim that you are eligible to make will determine the time limit by which you have to commence your complaint. The time limits can range from 21 days to 6 months to 12 months. You can check with one of our lawyers which time limit applies to you
Our expert workplace lawyers are able to provide legal services at around 1/3 the cost of what you might expect to pay an equally experienced employment lawyer in traditional practice. This is because we have eradicated the billable hour, we provide value based fixed fee quotes and we have cut out the fat associated with traditional legal practice (fancy office spaces etc).
You will receive a free, fixed fee quote within 24 hours of submitting your enquiry. At Resolution123 we aim to put employment law advice within cost reach of every employee, without compromising on quality.
You will receive a quote within 24 hours of submitting your enquiry, and you can partner with your lawyer to commence resolving your matter as early as the next working day if you choose.
The jurisdiction that you commence your claim in will determine how long it will take for your claim to be resolved. Claims in the Fair Work Commission usually takes between 4-6, a complaint to the Australian Human Rights Commission can take up to 12 months depending on the capacity of the AHRC.
Your lawyer will advise you on the likely remedy range available to you based on the particular factors relevant to your claim including the harassment you experienced, any psychological injury and your economic loss.
“My wife and I are happy with the outcome and I appreciate your efforts and professionalism in guiding me through what is a somewhat daunting process.”
From Our Blog
Workplace age discrimination ‘endemic’ in Australia
Employment lawyers are reporting an increase in the number of older Australians suffering from age-related discrimination in the workplace.
Age Discrimination in the workplace
Australia’s population is ageing. More people are staying in the workforce for longer. Many of us are now working past the traditional retirement age. Unfortunately this means that many older Australians are being subjected to age based discrimination.
1 in 2 women experience pregnancy or carer’s discrimination at work, can you believe that? You probably can because chances are, with those statistics, that it has affected you or someone you know.