Anti-Discrimination Laws and Partnership Laws

ANTI-DISCRIMINATION
LAWS, AGENCY AND
PARTNERSHIP LAWS

TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................................2
QUESTION 1..................................................................................................................................1
ISSUE..........................................................................................................................................1
LEGISLATIONS.........................................................................................................................1
APPLICATION...........................................................................................................................2
CONCLUSION............................................................................................................................3
QUESTION 2..................................................................................................................................3
ISSUE..........................................................................................................................................3
LAW............................................................................................................................................4
APPLICATION...........................................................................................................................5
CONCLUSION............................................................................................................................5
REFERENCES................................................................................................................................7

QUESTION 1
ISSUE
In the present case Heath who is Scottish employed in NDM is facing the issue of
discrimination. Fred manager of NDM employs British employees only and has negative attitude
towards the Scottish and Irish people. Heath handling front desk on one day faced an English
customer abusing him based on regional background and refused to let the car for servicing to
Scottish. Fred on next day blames Heath for not taking car of customer and started abusing Heath
on Scottish background. Fred along with 2 men continued to abuse till her lawn area. On the next
day Fred terminated employment of Heath without any prior notice. On hiring lawyer for abuse,
Fred threatened other employee Patrick subject to the abuse against becoming witness for heath
to proceedings that he will be fired (Sorial, 2017). Company has detailed policy on the employee
discipline matters. Policy was sound on the face and there was zero tolerance on discrimination
applied at all levels of business on start of employment, but no update and training has been
provided for last 10 years. The issue in present case is:
 Whether Heath can sue Fred based on ground of discrimination?
 Whether employment of Heath could be terminated by Fred without warning?
 Is threatening witness to case is legal ?
LEGISLATIONS
There are different legislations and regulations that are applicable to different cases and
situations to maintain law and order. Laws are framed by the company to maintain law and order
in the country. The legislations applicable to the present case are as follows.
Australian Human Rights Commission Act, 1986
It prohibits the employers from discrimination against employees and applicants on basis
of race, religion, colour, gender or national origin. It prohibits the employers to retaliate against
employee or applicant that asserts the rights under law. The law prohibits discrimination in all
the privileges, terms and conditions including hiring, firing, benefits and compensation,
promotions, job assignment and discipline (Kennedy, 2017). It also prohibits the practices which
seems neutral but is having disproportionate impact over protected group. It is illegal to harass
the employee on grounds of protected characteristics.
Australian Racial Discrimination Act. 1975
1