Unlawful Discrimination?

Can a prospective employer contact my current employer without my consent?

Is it an ‘exceptional circumstance’ if representatives lodge my FWC application outside of the 21-day limit?

I am on a 457 visa and my employer has refused to pay my wages in exchange for visa sponsorship. Is this lawful?

Can I be discriminated against by my employer for holding a criminal record?

The Fair Work Act 2009 (Cth) and the Equal Opportunity Act 2010 (Vic) prevents employers from discriminating against employees based on protected attributes. Whilst the list of protected attributes is exhaustive, neither of these legislations include the holding of a Criminal Record as a protected attribute, making criminal record holders particularly vulnerable during employment processes.

I am being bullied at work. How can I diplomatically resolve the situation?

The modern-day workplace is filled with a diverse range of employees who hold different views and opinions, so it is only natural for disagreements to arise. Bullying is often an unfortunate outcome of such disagreements and due to the fragile nature of many professional relationships, resolving the situation is often a difficult predicament for the victim.

Can my employer ask me about my medical history during the recruitment stage?

During the recruitment process, your employer may ask you questions pertaining to your medical history relating to your ability to perform the inherent requirements of the role.

Can an employer be held vicariously liable for their employee?

Vicarious liability occurs when one party can be found liable for another party’s actions. In an employer/employee relationship, employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a person’s employment.

Are there circumstances when discrimination is permitted?

Section 351(1) of the Fair Work Act 2009 (Cth) provides protection against adverse action based on an employee or prospective employee because of their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

I feel I am being discriminated against due to my pregnancy and parental responsibilities. What are my rights as a working parent?

Employers have certain obligations by law when it comes to dealing with an employee who is either pregnant or who has parental responsibilities.

How do I prove Age Discrimination in breach of the Fair Work Act?

The Fair Act 2009 (cth) includes provisions that protect employees against workplace discrimination. Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of certain attributes including the employee’s age.

I have been set unreasonable KPIs, what do I do?

Key Performance Indicators (KPIs) are a common feature of modern business and organisations use KPIs to measure performance and ensure that employees are meeting operational and strategic goals. However, they are often abused by disreputable managers to emotionally dismiss an employee. The phrase ‘moving the goal posts’ is often used to describe setting challenging KPIs, while it is reasonable for an employer to set tough targets to grow the business, it should not be set in a way as to ensure an employee would never meet their targets.

I have fallen pregnant again while on maternity leave, am I able to take a further period of leave?

It is commonplace for an employee to fall pregnant again while on maternity leave for their first pregnancy. In this case, an employee may request an extension of their maternity leave, depending on how long the original period granted to them was for.