Discrimination – McNally Legal https://www.mcnally.legal Sydney Lawyers you can Trust Sun, 21 Jul 2024 20:27:07 +0000 en-AU hourly 1 https://wordpress.org/?v=7.0 https://www.mcnally.legal/wp-content/uploads/2023/12/cropped-512-Logo-2-32x32.png Discrimination – McNally Legal https://www.mcnally.legal 32 32 Intersection of discrimination and workers compensation law https://www.mcnally.legal/intersection-of-discrimination-and-workers-compensation-law/?utm_source=rss&utm_medium=rss&utm_campaign=intersection-of-discrimination-and-workers-compensation-law https://www.mcnally.legal/intersection-of-discrimination-and-workers-compensation-law/#comments Fri, 22 Mar 2024 05:45:23 +0000 https://www.mcnally.legal/?p=5624

Have you been sexually harassed at work and also have a workers’ compensation claim arising from the same conduct? What happens if you settle your discrimination claim? Do you have to repay the money you have received as part of your workers’ compensation claim? These questions were recently answered in a court case.

The Full Court of the Federal Court of Australia considered these issues in Comcare v Friend [2024] FCAFC 4. The short facts were that Ms Friend was receiving workers’ compensation benefits arising from being exposed to harassment and bullying from her supervisor. She subsequently lodged a complaint with the Australian Human Rights Commission that she had been sexually harassed at work. She settled that complaint by way of a deed of release. The insurer then sought to recover the workers’ compensation payments from Ms Friend.

The Court, in determining that Ms Friend was entitled to keep her workers’ compensation payments, carefully considered the terms of the deed of release and whether there was any ‘double-dipping’ i.e. receiving compensation twice for the same wrong done to her. In this case, under the deed of release, the payments were determined by the Court to be for the unlawful discrimination.

The key takeaway point from the decision is that in negotiating a deed of release you should seek the advice of a lawyer to ensure that in settling a discrimination claim you do not affect your workers’ compensation entitlements. McNallys can provide you with such advice.

]]> https://www.mcnally.legal/intersection-of-discrimination-and-workers-compensation-law/feed/ 54 Pregnancy discrimination is alive and well https://www.mcnally.legal/pregnancy-discrimination-still-widespread-in-australian-workplaces/?utm_source=rss&utm_medium=rss&utm_campaign=pregnancy-discrimination-still-widespread-in-australian-workplaces https://www.mcnally.legal/pregnancy-discrimination-still-widespread-in-australian-workplaces/#respond Sat, 03 Feb 2024 10:36:25 +0000 https://www.mcnally.legal/?p=4728

Pregnancy discrimination is alive and well

It is according to Deakin University senior researcher Cameo Dalley and her team had just won a grant to fund their research project.  

But when Dalley informed a senior woman professor that she was pregnant, the atmosphere changed completely.  

“She made all these comments about, ‘How do you plan to do your job and have a baby?’” Dalley said. 

Within a fortnight, Dalley was told she no longer had a contract offer for the project. And the rationale given? A ‘change of heart’.

A widespread occurrence

“I want to draw attention to this so other people are treated better than I was,” Dalley wrote in an opinion piece. 

Although official reports of workplace pregnancy discrimination are low, the Australian Human Rights Commission found that those numbers don’t reflect the reality. One in two mothers reported experienced discrimination during pregnancy, parental leave or when returning to work.  

This often includes women finding themselves unemployed, demoted, restructured out of a job, or the victim of adverse action before, during or shortly after a period of unpaid parental leave.  

It can also be difficult to access basic rights under the National Employment Standards such as the right to be transferred to an appropriate safe job during pregnancy or – if no such job exists – the right to be paid no safe job leave. 

At a workplace like Deakin University where the majority of workers are employed as causals or contractors, pregnant workers may not be in a position to pursue a discrimination complaint.

Source: ACTU 2023

If you are experiencing pregnancy discrimination contact McNally Jones Staff Lawyers today.

Contact Us
]]> https://www.mcnally.legal/pregnancy-discrimination-still-widespread-in-australian-workplaces/feed/ 0