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Tag Archives: Discrimination

Prospective employee permitted to pursue discrimination claim

A renowned bus transport company has failed to have a discrimination application dismissed for lacking in substance in the NSW Civil and Administrative Tribunal.  The Administrative and Equal Opportunity Division of NSWCAT heard that the transport company had elected not to employ the Complainant following the Complainant undertaking a medical assessment. The Complainant had applied…

Mentor sexually harassed co-worker but employer not liable

The Northern Territory Anti-Discrimination Commission has recently handed down a decision that has a number of lessons for employers.  In this case, some of the conduct undertaken by the respondent employee was found to be sexual harassment of the complainant; some of the conduct was found to have no connection with the complainant’s employment; and…

Victorian Tribunal finds that morning sickness constitutes a disability

In a recent decision, the Victorian Civil and Administrative Tribunal have found that pregnancy related ‘morning sickness’ may constitute a disability under the Equal Opportunity Act 2010 (Vic) (Act). In the case, a pregnant full time employee asked to reduce her full time hours to 28 hours a week. The employee experienced severe morning sickness…

Job applications – be wary of what you ask for

In an informative decision for employers, the Queensland Civil and Administrative Tribunal found that Woolworths’ online job application was discriminatory by requiring prospective employees to provide their gender, date of birth and to establish their right to work in Australia. In Willmott v Woolworths Ltd [2014] QCAT 601, the content of Woolworths’ online job application…

Parental leave redundancy not discriminatory

Justice White of the Federal Court has held that an employer who had made an employee redundant whilst on parental leave had not discriminated against the employee. The employee was employed in the position of Marketing Manager. Whilst the employee was on parental leave, the employer proceeded to make the position redundant. In considering whether…

Pregnancy discrimination costs employer $235,000

In the recent case of Sagona v R & C Piccolo Investments Pty Ltd and Ors, the Federal Circuit Court has ordered the employer and its husband and wife owners to pay $235,000 to an employee who was found to have been discriminated against after she announced that she was pregnant. Background The Applicant in…