Discrimination, Harassment and Bullying
Federal and State legislation make it unlawful to discriminate against employees on certain grounds. Those grounds include:
- Sex and gender, including sexual harassment, sexual orientation, gender identity and intersex status;
- Race, colour, religion, political opinion, national extraction or social origin;
- Physical or mental disability, including injury and illness. NSW also has specific discrimination provisions for persons who have HIV/AIDS; and
- Pregnancy, breastfeeding, marital status and family/carer’s responsibilities.
Employees who are discriminated against may pursue claims in either the Fair Work Commission, the Australian Human Rights Commission or the NSW Anti-discrimination Tribunal. Haywards can assist you in deciding whether to pursue a claim and, if you do, which forum is best for you.
In addition to the above, some workers may be subject to bullying in the workplace which does not fall within the above areas of discrimination but may still be unreasonable behaviour or is a risk to health and safety. Haywards Solicitors can guide you through the potential traps and pitfalls in making a bullying complaint to your employer or the Fair Work Commission.