It is important to be aware that there are several different complaints processes that may be available to you.
It is important to seek legal advice before lodging a complaint to make sure you follow the best process for your case as you cannot change your mind later. If you believe you have a discrimination claim and are unsure about which process to follow, you can contact us here.
Generally speaking, discrimination occurs when someone is treated poorly because of a particular attribute they have. For instance, under the Anti-Discrimination Act 1991, it is unlawful to discriminate against someone on the following grounds: sex, relationship status, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or activity, political belief or activity, gender identity, sexuality or family responsibilities.
Discrimination can be direct or indirect or both.
Direct discrimination occurs when someone is treated unfairly because of one of the protected attributes (e.g. pregnancy) when compared to someone who doesn’t have one of the attributes (e.g. someone who is not pregnant).
Indirect discrimination occurs when someone who has a protected attribute cannot comply with a term or policy or practice because of their protected attribute. If the term is unreasonable, it may be unlawful. For example, if an employer imposes a height requirement for job applicants without any reasonable cause, applicants who are typically short because of a particular attribute could be disadvantaged and miss out on the job opportunity.
Acts of discrimination in the workplace can take many forms. For instance, it can involve dismissal, demotions, bullying or a variety of types of differential treatment.
There are several different complaints processes available for pursing a discrimination claim along with a variety of important things to consider before lodging a claim.
The main complaints processes in Queensland are: The Anti-Discrimination Commission of Queensland (QIRC), Queensland Industrial Relations Commission (QIRC), Australian Human Rights Commission and Fair Work Commission. Each authority has its own process for pursing a discrimination claim as well as eligibility criteria and timeframes.
It is important to be clear on what the different options are before you lodge a claim so that your legal rights are properly advanced. Please get in touch to discuss your situation.
If you’d like to have a quick chat to see if it looks like you have a case, then our complimentary 20-minute call option is the perfect place to start.
The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.