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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/

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