Are You Eligible To Make A Claim?
Anti-discrimination legislation exists because everyone deserves the same opportunities. If you feel you have been discriminated against based on your gender, race, or any other personal trait, then you may be able to make a claim.
You are eligible to make a claim:
If your employer (or someone who is specifically authorised to act on behalf of the employer, such as a manager or supervisor) acts in a discriminatory or harassing way, including sexual harassment.
If other employees behave in a discriminatory or harassing way, but the employer failed to take ‘all reasonable steps’ to prevent the discrimination or harassment from happening.
In NSW, people are protected by the Anti-Discrimination Act 1977. In other states, similar laws exist under different names, such as the Equal Opportunity Act. This legislation prohibits discrimination and has been specifically designed to protect people from unlawful discrimination.
Limiting equal employment opportunities for certain people can disadvantage employees in many different ways, and may also have a significant impact on a person’s mental health. This is why it is so important to report incidents of discrimination, sexual harassment and victimisation in the workplace.
What Are You Able To Claim?
The legal costs of running a tribunal or court case may vary, depending on many different factors. However, the compensation payable for discrimination or harassment complaints has an upper limit is $100,000 in NSW. There is no limit under federal legislation.
What Is Your Next Step?
Non-discrimination law is an intrinsic element of the principle of equality. It ensures that no one is denied their rights due to their personal traits and choices.
At Brydens Lawyers, we have decades of experience dealing with employment law and, in particular, anti-discrimination law. If you believe you have an anti-discrimination case, then contact the team at Brydens Lawyers to discuss your issue further. We can provide the right legal advice and guidance to help you achieve your desired outcome.
Why Are Brydens Lawyers The Right Representation For You?
Brydens Lawyers have extensive experience in representing workers from a broad range of occupations and advocating for equal opportunity employment. We have a proven track record in providing straightforward, accurate, and relevant advice and representation on a wide range of complex legal issues—from navigating workplace investigations, negotiating the terms of employment contracts and recovering bonus payments. We have a comprehensive understanding of Australian employment laws and following an initial consultation, we can quickly determine the likelihood of success of your particular case, allowing you to either move on or pursue further action.
When Should You Consult A Lawyer About Making A Claim?
You should contact Brydens Lawyers if you are being or suspect you have been treated unfairly or harassed in relation to salaries, employment packages, training, promotion and other workplace benefits because of your age, carer’s responsibilities, disability, sexual orientation, marital or domestic status, race, sex (including pregnancy and breastfeeding) or transgender and gender identity status.
Complaints to ADNSW should be made within twelve months of the alleged discrimination. The president of ADNSW may accept complaints outside of these time limits if there is a satisfactory reason why they should do so. This means it is crucial for you to act quickly and contact Brydens Lawyers to discuss your case as soon as possible.
How We Can Help With Equal Opportunity and Anti-Discrimination Law
Below are some examples of matters we can assist with:
discrimination
unfair dismissal
adverse action
workplace investigations
performance management
unlawful termination of employment
bullying and Harassment in the workplace
reviewing or negotiating employment contracts
reviewing or negotiating redundancy entitlements
restrictive covenants arising from your employment
recovery of unpaid or underpayment of wages or entitlements.
Contact the professionals at Brydens Lawyers today to discuss your case and find out how we can help you.
