This document discusses the possible cause of action for Meghan in a discrimination case under the Anti-Discrimination Act 1991. It explores the relevant sections of the Act and applies them to Meghan's situation. The document also includes short questions and answers related to business law.
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Running head: BUSINESS LAW Business Law Name of the Student Name of the University Author Note
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1BUSINESS LAW ILAC Question Issue Whether any possible cause of action has been accrued to Meghan and if it has been accrued, where to make a complaint. Rule Section6oftheAnti-DiscriminationAct1991restrictsanydiscriminationinthe workplace that has been extended to an employee. Section 7 of the Act mentions the grounds of family responsibility, gender identity, sexuality, religious belief, breastfeeding, age, relationship status, parental status, pregnancy, sex under which discrimination might occur. Section 8 of the Act provides for right to the person so discriminated to avail remedy under this Act. Section 9 includes all forms of discrimination whether direct or indirect. The direct discrimination has been defined under section 10 and that of indirect discrimination has been defined under section 11. Section 118 prohibits sexual harassment, the meaning of which has been provided under section 119 of the Act. Sexual harassment implies a treatment towards a person, which was less favourable based on the sex of the person. The same can be illustrated with the case of Bennett v Everitt (1988). In this case, the employer was held liable for making sexual comments, which were inappropriate. The employer is under an obligation to take reasonable measures to avoid any form of discrimination. Moreover, any less favourable treatment that has been extended towards a person with respect to her employment by her employer owing to her pregnancy and
2BUSINESS LAW maternity leave will be liable under this Act. This can be supported with the case of Fair Work Ombudsman v WKO Pty Ltd [2012] FCA 1129. Application In the present case, Meghan has applied for a promotion in the CBLAI. She has been asked several question in the interview for the same. In responding to her interview questions, she has disclosed her pregnancy. Upon this disclosure, she has been told by the HR that her pregnancy is not relevant to her promotion and she should more focus on discussing about her qualifications and experience. However, she overheard the senior executives to make sexually inappropriate comments towards her being pregnant and the promotion has been given to some other person who has similar qualifications as that of her. This can be treated to be a discrimination under this Act. This can also be construed as sexual harassment. Moreover, she has been demoted to an inferior job role after her return from the maternity leave. Although the remuneration that has been provided to her remained the same, she was not happy about the inferior job role she has been made to acquire. Meghan enquired about the same to the HR and in response the HR contended that the same has been decided to ensure the best interest of the company and enable her to cherish her motherhood properly. Again, when she made a request to change her job role to a part-time one, she has been refused the same. This can construed to be a discrimination owing to pregnancy and maternity leave. This extends a right to take action to Meghan. Conclusion Meghan has possible cause of action with respect to the same.
3BUSINESS LAW Short Question Question 1 a) 27thFebruary 2019 b) No, a complaint cannot be lodged under this Act as the same will commence on 1stJanuary 2020. Question 2 a) Section 11. b) Companies do not have human rights. Question 3 a) Section 7. b) Section 58. Question 4 a) First cause of action – compensation in relation to sexual harassment. Second cause of action – damages for non-financial injury.
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4BUSINESS LAW b) Brooker and Keating, The Queensland State School (State of Queensland). Question 5 a) The examples of reasonable steps are: To train the employees with respect to the compliance of theanti-discrimination laws. To impose anti-discrimination policies. b) No, it was not followed.