Managing Workplace Relations Essay

2019 words - 8 pages

The Australian Human Rights Commission (2011:p1) states that “Gender equality is a principal that lies at the heart of a fair and productive society”. If gender equality is the heart of a fair and productive society than the laws and regulations in place must be the key in maintaining a fair and productive society. If regulations and laws are not frequently discussed, debated and reviewed than issues such as sex discrimination in particular can be sufficiently dealt with or ignored. The Carter v Linuki Pty t/as Aussie & Anor [2005] NSWADTAP 40 (22 August 2005) will be used to demonstrate the regulations surrounding sexual discrimination. In this paper a thoroughly investigation into the recent changes in laws and regulations encompassing sexual discrimination will be conducted in relation to the case provided. By using the elements of the case the Sex Discrimination Act 1984 (Cth) (SDA) will be applied to the facts presented in order to explain the regulation surrounding this issue. Since the case involves a work related situation where the employee was discriminated on the basis of gender the SDA will be used. A Brief description on the impact of exclusion will be provided to demonstrate the causal link between exclusion and gender discrimination. Firstly, the case’s elements will now be analysed.
In 2005, a female secretary filed a compliment regarding her exclusion from a social gathering on the basis of her gender. The case eventuated from an issue that the manager had not encouraged the secretary to attend the Christmas party which was served by a topless waitress. As a result of the secretary having no knowledge of the party occurring while working that night, she had become distressed by what she believed was happening behind the screen. It was later found out the secretary had resigned and sought medical attention and counselling. The NSW Administrative Decisions Tribunal’s Appeal Panel agreed that the manager’s actions to invite the male workers and not the female secretary had discriminated against her on the basis of her gender. People who are often left out of projects and social events because of their sex can file for a compliant; in this case the manager failing to make the secretary feel welcome has breached employment law. Although evidence provided by the secretary expressions her view that she would not have desired to attend the party as a result of the topless waitress attending does not justify the manager’s decision to treat her differently to the other workers. In addition, a key point that must be addressed is differential the evidence between sex discrimination and sexual harassment, because at time these topics boundaries can become blurred. However, the courts asserted that under the Anti-Discrimination Act 1977 (NSW) that sexually harassment of the secretary had not occurred, as a causal link had not been established. Concluding this case, the courts awarded the secretary to receive monetary payments of $500 from...

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