The Human Rights Commission

The free and confidential process has been set up so that individuals can have their complaints resolved quickly.

It is the responsibility of all employers to ensure their employees and those who apply for employment are treated fairly. As an employer, it is your responsibility to ensure the prevention of discrimination, bullying and harassment in the workplace. It is against the law to be discriminated against in employment by an employer and a complaint can be made to the Human Rights Commission if an individual feels they have experienced this. 

Discrimination
It is unlawful discrimination 'when a person, or a group of people, is treated less favourably than another person or group because of their background or certain personal characteristics’. It is also unlawful when an individual is disadvantaged compared to others when they have a particular characteristic. It is unlawful to be discriminated on the basis of:

• Race – which includes colour, national or ethic origin or immigration status.
• Sex – which includes pregnancy, marital status, gender identity and sexual orientation.
• Age – this covers both young and old people.
• Disability – including temporary and permanent disabilities, physical, intellectual, sensory and psychiatric disabilities.
• Criminal records
• Political Opinions
• Religion or social origin
• Association with a person who has or is believed to have any of the above characteristics.

Discrimination can happen at different stages during the employment relationship which includes:

• recruitment and selection of staff
• terms and conditions of employment offered to an individual
• training offered to an individual
• selection for transfer/promotion
• selection for redundancy or dismissal

Bullying
Bullying can be defined as 'repeated unreasonable behaviour towards a worker (or group of workers) which creates a risk to health and safety’. Bullying behaviour can take place inside or outside of working hours. Unreasonable behaviours may include:

• shouting
• threats
• being teased, humiliated, belittled or mocked in front of others.
• being singled out or ostracised
• unreasonable demands being placed on an individual
• making someone feel uncomfortable.
• excessive cyber surveillance or micromanagement

As an employer, this does not however prevent you from carrying out elements of your role towards your employees within the practice such as:

• performance management
• giving reasonable and lawful instructions to your team
• giving constructive feedback
• investigating a disciplinary matter 

The above will only be construed as bullying behaviour if they are carried out unreasonably and are deemed to be threatening or intimidating towards the individual or a group.

Workplace harassment
There are similarities around the behaviours which constitute bullying and harassment. Harassment can be defined as 'unwelcome behaviour that intimidates, offends or humiliates a person’. Behaviours can include:

• offensive jokes and comments
• mimicking
• use of derogatory terms
• inappropriate personal questions or comments
• demonstration of non-acceptance of aspects relating to protected or personal characteristics e.g failure to use requested gender pronouns
• assault or non-accidental physical contact
• unwelcome sexual advances or propositions
• unwanted sexually suggestive comments or gestures

If it has been established that an employer has unlawfully discriminated, bullied or harassed an individual(s), they could be liable for substantial financial penalties and damages awarded to the affected individual(s). 

You can contact Workplace Relations Support via phone (07) 3872 2222 and email workplacerelations@amaq.com.au.