27 March 2006
New IR laws - same
HREOC protections against dismissal on grounds of race, sex,
disability and age
With the Federal
Government’s new laws governing workplace relations coming into
effect today, the Human Rights and Equal Opportunity
Commission (HREOC) would like to remind employers that
federal and state equal opportunity laws still prohibit
employers from dismissing people based on grounds covered under
the race, sex, disability and age discrimination Acts.
With the
introduction of the government’s Work Choices reforms, companies
with fewer than 100 employees are exempt from unfair dismissal
laws.
However, all
businesses, regardless of their size, must still adhere to equal
opportunity laws and affected employees (including casuals,
contract workers, part-time and/or full-time) can still use
unlawful termination legislation and make a complaint to HREOC.
The Commission is
an independent, national organisation which is responsible for
investigating and conciliating complaints under the Racial
Discrimination Act 1975, Sex Discrimination Act 1984, Disability
Discrimination Act 1992 and Age Discrimination Act 2004.
Grounds for
complaint under these Acts may include discrimination based on:
|
 |
Sex,
pregnancy, marital status or family
responsibilities; |
|
 |
Race,
colour; |
|
 |
National origin, ethnic origin or descent;
|
|
 |
Actual or imputed disability; |
|
 |
Medical condition, and;
|
|
 |
Mature aged or youth discrimination. |
Complaints can
also be made under the Human Rights and Equal Opportunity
Commission Act 1986 (HREOCA).
One area of
complaint under this Act is unfair treatment in employment and
occupation on the grounds of religion, political opinion, social
origin, criminal record, sexual preference or trade union
activity.
HREOC is prepared
for any potential increase in complaints received under its laws
and will investigate and conciliate complaints in an impartial
manner. It does not act as an advocate or legal representative
for either party to a complaint. The complaint information and
complaint handling service is free.
To assist parties
to complaints, HREOC has produced a video/DVD titled 'Pathways
to Resolution', which can be ordered online at
www.humanrights.gov.au/pathways_to_resolution/
For more
information, contact the Commission’s complaints infoline on
1300 656 419, email us at
complaintsinfo@humanrights.gov.au or log on to the
complaints help page at
www.humanrights.gov.au/complaints_information/
[
more news ]