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Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

In March 2020, the Australian Human Rights Commission released the ‘Respect@Work: Sexual Harassment National Inquiry Report’ (Report) following almost two years of inquiry into the sexual harassment in Australian workplaces
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Prevention is always better than a cure – Increased protection in the workplace for sexual harassment

The Commonwealth Government has been under considerable pressure for months to step in to respond to several high-profile incidents of sexual harassment. The recent tabling in the Commonwealth Parliament of a Bill with a raft of amendments to Commonwealth sexual harassment legislation provides additional options for employees to take action in relation to occurrences of sexual harassment. These options are both preventative and potentially much less expensive.
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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.

Avoiding discrimination is more than just basic compliance

Discrimination law is founded upon the notion of inherent dignity and inalienable rights. Perhaps the watchwords which summarise the principles protected under anti-discrimination legislation are equality, inclusionand opportunity.
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The What and the Where – Some Short facts about Sexual Harassment law in Australia

Modern businesses reject the notion that sexual harassment in the workplace is acceptable. However, confusion about what legally constitutes workplace sexual harassment under Australian law continues and might inadvertently lead to inappropriate behaviour, resulting in claims against employers and individuals.
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Accommodating difference - discrimination in schools and universities: what reasonable adjustments does the law require?

Access to Education is considered a basic human right and education providers across Australia strive to support students of all abilities. Unfortunately, issues continue to arise where students believe they have not been adequately accommodated and subsequently initiate action against a service provider.
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Did the Deed Discriminate? – Short facts about Discrimination law in Australia

Modern approaches to discrimination acknowledge that people are legally entitled to equitable treatment.
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Discrimination Policies – Implementation is as important as Intent

Discrimination and harassment are currently under a worldwide spotlight and a significant issue with workplaces and service delivery organisations, including education providers
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Discrimination - the Data and the Gaps

There is a genuine drive by Australian employers to improve responses to discrimination and harassment within their workplace and broader client environment.
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Assumed disability discrimination – a tricky path to navigate

Employers need to tread extremely carefully when they suspect an employee may be suffering from a mental illness – acting too hastily, even in compliance with policy, may expose you to a finding of discrimination.
  • 8 Jun 2018

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Exam phobia & disability discrimination

Whilst we have all no doubt experienced a fear of sitting an exam at some stage, is a phobia of sitting a College entrance exam a disability? 
  • 10 Oct 2017

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Dealing with injured employees when evidence of their capacity to safely return is light

A prudent employer, faced with an employee who has taken leave due to an illness or injury and wants to return to work, should consider what information it needs to be satisfied the employee can safely return to work.  This can prove difficult if the employee is non-communicative, refuses to provide information about the injury or condition beyond generic medical certificates or does not attend medical assessments.
  • 24 Apr 2017

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Not being heard

A recent decision of the Federal Court of Australia determined the primary judge denied the appellant procedural fairness and allowed an appeal after considering the primary judge was wrong to dismiss a matter. The primary judge concluded there was an abuse of process in the appellant’s claim and she had been discriminated against after being denied the presence of a sign language interpreter to assist her husband with communication during the birth of their child.

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