Helping you to Resolve Workplace Discrimination, Bullying and Harassment Issues
Workplace discrimination, bullying and harassment can happen at any level in the workplace, no matter what your salary. It may not be deliberate but regardless, it is unlawful and you are protected by many different laws in Australia. Stacks is here to support you.
Feeling safe and supported at work has a huge impact on your general health and sense of well being. Understandably, when you feel that you are being ill treated by somebody in your workplace, it is distressing and your self esteem suffers.
A Stacks Employment law specialist can help you to understand whether or not you have a valid claim, explain any realistic outcomes you can expect should you decide to proceed, and assist you through the process. We will help you to understand and enforce your rights, so that you can get back to living.
What is workplace discrimination?
Some personal characteristics are considered to be ‘protected attributes’ under the law. When an employer takes action against you that is adverse or unfair, based on one of these characteristics, this is discrimination. ‘Protected attributes’ include your race, colour, gender, age, sexual orientation, disability (physical or mental), religion, marital status, pregnancy, political view, social origin (eg. your social class or family background) or national extraction (eg. where you were born; your ancestry).
Adverse action could include threatening to do, or doing, any of the following:
- Firing you
- Not hiring you
- Making changes to your job that disadvantage you (eg. a demotion)
- Injuring you in your employment (eg. not paying you what you are due)
- Treating you differently to other employees
What is workplace bullying and harassment?
This is when someone in your workplace, or a group of people, repeatedly behave unreasonably towards you and their behaviour is harmful to your health and safety. This behaviour could be physical or mental. It could include aggressive behaviour, threats, teasing, exclusion from work events, unreasonable work demands, or putting pressure on you to do something or behave in a certain way.
The word ‘reasonable’ is important. A manager is within their rights to make decisions that you may not like, based on poor performance or how you are carrying out your work. But their decisions and actions have to be reasonable.
Some steps you can take if you think you have been discriminated against, bullied or harassed at work:
- Approach your manager to discuss the issue (unless they are the party behaving unlawfully)
- Seek advice from someone in the Human Resources department of your workplace
- Talk to a representative from your union if you are a member
- Find information on the Fair Work Commission website
- Seek legal advice and/or representation
- Lodge an application with the Fair Work Commission
Need to speak to an employment lawyer about a discrimination, bullying or harassment issue? Call us today
