BlandsLaw - Blog posts from discrimination
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The Australian Human Rights Commission has published an extensive report on work-related age and disability discrimination, acting as a reminder for employers to remain vigilant in the ways these workers are treated.

As the workforce ages and employees retire later in life, older Australians can feel ‘shut out’ of recruitment, feel that they are offered less professional development opportunities, or be the targets for redundancy during periods of organisational restructure. This can also apply to workers suffering from a disability, and the AHRC is keen to ensure that these groups of employees are not disadvantaged as a result of their age and/or disability.

In their report, the Commission makes recommendations for change 

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All employees have the right to work in an environment that is free from harassment and discrimination. It is also, for a myriad of reasons, in the best interests of employers to ensure a healthy workplace. In order to do this effectively employers need to understand what is, and is not, discrimination. A recent VCAT decision highlights the potential costs of failing to do so.

In Dziurbas v Mondelez Australia Pty Ltd*  the employer was found to have engaged in direct discrimination on the grounds of disability and the aggrieved employee was awarded $20,000 for injury to his feelings. A further decision on the economic loss will follow and is likely to be for over $200,000.

The employee was terminated, after thirty years of service, on the basis that he could no longer fulfil the inherent requirements of his role as a confectioner because of an earlier elbow injury. In terms of the medical evidence, the employer relied on an earlier medical report which noted that the employee’s regular

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Workplace investigations are becoming more commonplace, yet there is still a lack of understanding about the mechanics of investigations, and when they are needed. Below we set out briefly some of the reasons why you would consider an investigation, the key steps in the investigation process, and the pros and cons of different types of investigations.  

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