HRM Law: Discrimination, Harassment, and the Fair Work Act, 2009

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Added on  2022/09/13

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This report delves into the realm of Human Resource Management (HRM) Law, specifically addressing issues of discrimination, harassment, and the application of the Fair Work Act 2009 (Cth). It examines a scenario where an employee, Mary, faces potential discrimination based on sex, unfair treatment regarding pay and promotion, and sexual harassment. The report identifies relevant legislation, including the Sex Discrimination Act 1984 (Cth), the Fair Work Act 2009 (Cth), and the Australian Human Rights Commission Act 1986 (Cth), providing a legal analysis of the situation. It highlights the provisions under which Mary can seek remedies, emphasizing the employer's responsibility to prevent harassment even during office-related events. The report offers a concise overview of the legal framework and potential actions Mary can take to address the issues.
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Running head: HUMAN RESOURCE MANAGEMENT LAW
HUMAN RESOURCE MANAGEMENT LAW
Name of the Student
Name of the University
Authors Note
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1HUMAN RESOURCE MANAGEMENT LAW
Issues
As per the given scenario, it has been observed that Mary has also been discriminated on
the ground of sex at his office premises which can be dealt under the provisions of the Sex
Discrimination Act, 1984 (Cth). Apart from that, the other issues are:
i) Whether, Mary has discriminated on the ground of fair treatment of employees
concerning fair pay, promotion.
ii) Whether Mary has sexually harassed and bullied from the male employees of Crunch
Ltd. and his boss.
The Anti-discrimination law of Australia will help Mary which could lead to a legislative
claim.
Applicable laws and Act
For the issues related to salary and promotion, Mary can seek remedies under the
provisions of the Fair Work Act, 2009 (Cth) against Crunch Ltd.
On the other hand, for the issues of sexual harassment and bullying, Mary can seek
remedy under the provisions of the Australian Human Rights Commission Act, 1986 (Cth).
Moreover, if the same incident of sexual harassment takes place outside the office
premises but in the office Christmas party, then also Mary can take action against the office
employees and his boss under the provisions of the Australian Human Rights Commission Act,
1986 (Cth). The reason behind it is that the party is related to the office and the employer has to
protect its employees from sexual harassment even in the office party.
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2HUMAN RESOURCE MANAGEMENT LAW
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