When someone complains of discrimination

If an employee or job applicant lodges a complaint of discrimination or harassment with the employer, the complaint should be investigated to determine first, whether the facts as alleged are true and second, whether the facts constitute a breach of the relevant discrimination legislation.
 
In some cases, the alleged discrimination may not involve a breach of legislation, but may involve a breach of an employer’s internal policies and procedures.
 
Where the employer has policies and procedures in place dealing with investigations into allegations of discrimination, those policies and procedures generally should be followed.
 
An employer should seek specific legal advice if an allegation of discrimination or harassment can be substantiated. If an employee or job applicant lodges an external complaint of discrimination (ie with the relevant EEO authority), the government agency that received the complaint will usually contact the employee and/or the individual complained about in order to attempt to resolve the complaint by conciliation between the parties.
 
If conciliation is unsuccessful or not possible, the complainant can elect to refer the complaint to an EEO tribunal for legal resolution. If the tribunal upholds the complaint, it may award remedies against the employer.
 
Remedies include, but are not limited to, damages, financial compensation, and issuing an apology.

Conduct & Performance | EEO & Privacy

Preventing sexual harassment [infographic]

By on 16th Mar 2018

Employers and the general public are becoming increasingly aware of the issue of sexual harassment in Australian workplaces. Download our infographic with the latest statistics and suggestions for preventing sexual harassment.