BlandsLaw - Blog posts from interstate
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A recent Queensland Civil and Administrative Tribunal (QCAT) decision* highlights how easily employers may breach anti-discrimination legislation without necessarily intending to do so.

The complainant, a prospective employee, brought a claim against Woolworths because the online job application form required him to state his gender, date of birth and confirm his ability to lawfully work in Australia. Essentially the claim was that the requirement for job applicants to supply this information breached Queensland’s Anti-Discrimination Act by unnecessarily requesting information during the recruitment process which could form the basis for discrimination.

Woolworth’s arguments included that the information allowed them: to recruit for positions where employees needed to be over 18 years of age; to comply with gender reporting requirements; and avoid breaching the federal immigration legislation.

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Employers must consider opportunities for redeployment within the company or its associated entities in order for a redundancy to be genuine, according to the Fair Work Act 2009. Typically the courts have applied and interpreted these provisions quite widely; for example consideration of redeployment options should include positions that are more junior or on less pay. But does this include employee redeployment to an overseas operation?

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