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Employment Law

Workplace Discrimination & Bullying

Legislation such as the Equal Opportunity Act 2010 was enacted to eliminate issues of workplace discrimination.

Mendis & Gibson Lawyers

Workplace Discrimination Lawyers Essendon and Melbourne

Legislation such as the Equal Opportunity Act 2010 was enacted to eliminate issues of workplace discrimination. As such, employers are not to discriminate against employees on the basis of certain characteristics such as race, gender, religion, mental or physical disability, marital status, parental status, pregnancy, and sexual orientation. This conduct is unlawful throughout the entirety of a person’s association with that employer.

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How do I know if I have been discriminated against at work?

Discrimination occurs when there is an ‘adverse action’. Adverse actions may include terminating employment, denying opportunities, or demoting someone on due to the characteristics mentioned above.

If an employer has terminated you for any of the reasons such as race, gender, religion, mental or physical disability, marital status, parental status, pregnancy, and sexual orientation, then you may be able to make an application to the Fair Work Commission for unlawful termination.

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What should I do if I have been discriminated against at work?

If you been dismissed, been demoted, have been denied work opportunities, or have been subjected to any other adverse action because of discrimination, then you may be able to make an application to the Fair Work Commission for unlawful termination. This application must be made with the Commission within 21 days of your dismissal.
It is important to keep track of any discriminatory treatment and who imposed the treatment on you. It is also important to seek legal advice as soon as practicable as unlawful termination applications with the Fair Work Commission must be made within 21 days. Should an application be lodged outside the 21 day time frame, the Commission will need to be satisfied that there were exceptional circumstances that resulted in the delay.

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Workplace bullying

Workplace bullying exists if an employee or a group of employees are subjected to repeated unreasonable behaviour, such as victimising, threatening, humiliating, or intimidating behaviours. It is not relevant whether the behaviour or actions are intentional or unintentional.

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What is bullying behaviour?

Bullying occurs when behaviour from an individual or group of individuals demonstrates certain behaviour or behaviours to an individual or group of individuals, and those actions create a risk to a person’s health and safety.
Some examples of bullying include:
  • Aggressive behaviour towards an employee
  • Unreasonable work-related demands
  • Excluding a person or multiple persons from work-related events
  • Teasing an employee
  • Playing practical jokes on an employee
  • Verbally abusing an employee
  • Physically assaulting an employee
  • Threatening an employee

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What should I do if I am being bullied at work?

If you are experiencing any bullying behaviour at your workplace, an application may be made to the Fair Work Commission. It is important to keep track of any bullying behaviours directed towards you, and also note who is the perpetrator of the bullying behaviour.
There is no time limit to make an application with the Fair Work Commission in workplace bullying cases, however the main requirement under the legislation is that there is a real risk that the you will continue to be bullied by that person or group of people.
If the Commission is satisfied that bullying is found to have occurred or is occurring in the workplace, the Commission may make a stop bullying order. This order endeavours to stop the bullying and does not take the form of a fine or monetary compensation. However, if a person fails to comply with the order, then they may be subject to substantial financial penalties.

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Our Founders Sidney Mendis and Anna Gibson established Mendis & Gibson Lawyers nearly 20 years ago. Over the decades, we have grown to become one of the leading Law firms in Melbourne with offices in North West, Melbourne CBD and South East.

Main Office (Niddrie/Essendon)

Melbourne CBD

Dandenong Office

IMPORTANT LINKS

Our Founders Sidney Mendis and Anna Gibson established Mendis & Gibson Lawyers nearly 20 years ago. Over the decades, we have grown to become one of the leading Law firms in Melbourne with offices in North West, Melbourne CBD and South East.

Main Office (Niddrie/Essendon)

Melbourne CBD

Dandenong Office

IMPORTANT LINKS

IMPORTANT LINKS

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