The Problems People Bring to Us
Discrimination at work is often not open. It shows up in who gets opportunities, who is managed out, and who is refused an adjustment. The patterns we see are:
- Disability, injury and illness: an employer refuses reasonable adjustments, will not let you return to work after surgery or illness despite medical clearance, or treats a condition as a reason to end the employment.
- Age: being overlooked for training or progression, or pressured to retire.
- Pregnancy, parental leave and caring responsibilities: a role that changes or disappears around parental leave, or a refusal to consider flexible work.
- Sex, race and other attributes: being excluded, spoken to differently, or held back.
How We Help, Stage by Stage
First Discussion
We work out which laws apply. Depending on your situation, you may have a general protections claim under the Fair Work Act 2009 (Cth), a complaint under federal discrimination law to the Australian Human Rights Commission, or a complaint under the Equal Opportunity Act 1984 (WA) to the WA Equal Opportunity Commission. Each has different deadlines, processes and remedies. If you have been dismissed, the 21-day limit for a Fair Work claim may be the one that matters most.
What you get: the right forum for your situation, and the deadlines that apply.
Reviewing Your Documents
We gather the evidence: medical certificates and clearances, adjustment requests and the employer's responses, emails, performance reviews and anything said about the attribute.
What you get: a clear assessment of the evidence and what it shows.
Advice on Your Options
We explain the choice of claims (you usually cannot run the same complaint in more than one place), what each can achieve, and the likely timetable. If you are still employed, we also advise on how to protect your position at work.
What you get: a considered recommendation, including whether to negotiate first.
Negotiating
Many discrimination matters resolve through a letter to the employer and negotiation, sometimes as part of an agreed exit.
What you get: the negotiation handled by us, on your instructions.
The Commission or the Court
We prepare the complaint or application and represent you at conciliation. If a federal complaint is terminated without resolution, there is then a short window to go to court. We advise on that step.
Settlement and the Deed
We draft or review the deed, including confidentiality, references and how your departure is described.
Time Limits
- Fair Work Commission dismissal claims: 21 days from the dismissal.
- Australian Human Rights Commission: a complaint may be terminated if it is lodged more than 24 months after the conduct (s 46PH(1)(b) of the Australian Human Rights Commission Act 1986 (Cth)).
- WA Equal Opportunity Commission: a complaint should be lodged within 12 months of the conduct, although a later complaint may be accepted if good cause is shown (s 83 of the Equal Opportunity Act 1984 (WA)).
What to Bring to the First Conversation
- A timeline of what happened, with dates
- Medical certificates, clearances and any adjustment requests, and the employer's responses
- Emails, messages and notes of meetings
- Your contract, position description and recent performance reviews
- If your employment has ended, the termination letter and the date it took effect
How We Have Helped
An employee returning after an injury was refused the return to work, or the adjustments, that their doctor had supported. We lodged a discrimination complaint and represented them at conciliation. The matter was resolved by agreement.
An older employee was denied the support and development offered to others and felt they were being pushed towards the door. We raised the treatment with the employer and negotiated a resolution that included an agreed exit, recorded in a deed.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
Discrimination claims turn on evidence and timing. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion about your rights.
Read more: Disability Discrimination · Age Discrimination · Pregnancy, Family or Carer's Responsibilities · Other Types of Discrimination