Case Study Analysis: Fair Work Law and Workplace Discrimination

This case study examines Fair Work Law in Australia, focusing on discrimination and workplace practices. It begins with background information on Fair Work Law and its key aspects, including the legislation's role in governing employer-employee relationships, promoting fair treatment, and preventing discrimination. The study then delves into the Queensland legislation, outlining bullying behaviors and the importance of equal employment opportunities. A specific case scenario is presented, analyzing a situation where an employee has breached anti-discrimination laws. The study references the Australian Human Rights Commission and its guidelines for fair hiring processes. It further explores the impacts of discrimination, the legal and reputational consequences for organizations, and potential solutions, including both suitable and unsuitable actions. Recommendations are provided to prevent future discrimination, emphasizing training and clear policies. The study concludes by highlighting the necessity for businesses to adopt fair treatment practices for all employees, regardless of gender, and the legal recourse available to those who experience discrimination. References include key research papers on the subject.

Case Study on Fair Work Law
Name
Institution

Scope of the Introduction
• The study will focus on the following aspects;
- Background information
- Aspects of fair work laws
- The Queensland legislation
- Case scenario
- the Australian Human Right Commission
- Impacts of discrimination
- Recommendations

Background Information
• What is Fair Work Law in Australia?
- The legislation is aimed at governing the
relationship between the employer and
employees
- It governs how the employees are treated

Aspects of Fair Work Law
• The law is aimed at;
- Providing safety net of employee minimum
requirements
- Preventing discrimination against employees
- Promotes flexible working arrangements for
the employees
- Fair treatment of the employees

Queensland legislation
• According to the Queensland
legislation bullying behaviors
include;
- Abuse
- Intimidation
- humiliation on the basis of;
gender,
 age,
race,
religion (Ttofi & Farrington,
2009)

Cont.…. • The national and state laws
in Australia advocate for
two main issues;
- equal employment
opportunities
- fair treatment for all people
in their workplace (Stewart,
2011).

Scenario of the Case
• After a thorough study of
Queensland anti-
discrimination and
bullying legislation and
the relevant Fair Work
Australia laws, result
shows that;
- Vikram has breached the
relevant legislation that
protects employees from
unfair discrimination

Bridging the Law
• One way through which Vikram has breached
the Queensway anti-discrimination laws is;
- challenging Rictor authority publicly simply
because she is a woman.
- humiliating Rictor in front of his collogues by
making derogatory remarks about her in
several staff meetings.

Australian Human Right Commission
• This Commission provides guidelines for
selection and recruitment process to the
employees (Stewart, 2011).
• Purpose: to help them hire workers fairly
without any discrimination.
• Advice to CEO; he should follow these
procedures to avoid such problems in the
future

Cont.…
• The laws state that all
people should be given
equal opportunities as
long as they are
qualified regardless of
their gender.

Impacts of Discrimination
• Discrimination against employees because of
their gender can;
- cost an organization resources & time
- also destroy its reputation
- Legal action against the management
• However, it can also be challenging to meet
the demands of all the employees.

Impact to the organization
• Sacking Rictor and compensating her to solve
the issue may not be a bad idea
• It may undermine the company’s reputation
since the firm does not respect women.
• Failure to listen to Vikram may lead to other
problems such as conflicts between him and
Rictor because he is supposed to report to her.