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Discrimination and Bullying claims are increasing every year and it is more important than ever that employers make sure that they are proactively managing these risks.
Our Principal Lawyer, Susannah McAuliffe, has been providing advice and legal representation on discrimination and bullying cases for almost 30 years. She has advised on cases involving one alleged instance of discrimination, right through to complaints made by more than 20 complainants who alleged systemic discrimination within their particular workplace.
This experience means that Susannah has a unique mix of legal knowledge and insight into the many ways that these cases can potentially be resolved.
Some lawyers follow a standard legalistic process when responding to a discrimination claim and, in the process, can actually make things worse.
We won’t shy away from considering all the technical legal issues, but we also understand the importance of looking at these cases from all sides.
Discrimination
Have you received an internal discrimination complaint?
We can help from the moment that you receive an internal complaint. What you do at that time can prove to be extremely important. It might, in fact, mean the difference between resolving an issue in house and having legal action taken against you.
Unfortunately, many employers wait until they have a formal complaint, either from an employee or one of the tribunals or commissions that deal with these matters, before they reach out to get legal advice.
There are often multiple opportunities to resolve these matters before they get to that stage or before they proceed to a legal hearing. That is why it is so important to get advice straight away if someone makes a discrimination complaint.
Received a formal Discrimination complaint from the Human Rights Commission?
The first thing to keep in mind is that you should do nothing to respond to the claim until you have obtained some initial advice about your options. Sometimes it is possible to resolve a claim without it proceeding to a formal hearing.
That doesn’t mean we’re the kind of lawyers who jump straight to talking about settlement payouts. We’ll talk to you about all the options you have for responding to the claim and which options we think are going to be most effective in protecting your interests.
What’s your potential liability?
Employers are automatically liable for unlawful discrimination perpetrated by an employee, unless the employer can prove that it took reasonable steps to prevent the discrimination.
This means that an employer can be ordered to pay damages because of something that one of its employees has done.
We can quickly assess your chances of relying on the ‘reasonable steps’ defence and then give you advice on what your potential liability might be.
Bullying
Bullying complaints need to be taken very seriously.
If not dealt with appropriately, they can lead to significant legal action, including Workers Compensation and General Protections claims, allegations that you have breached your WH&S obligations and applications to the Fair Work Commission for a Stop Bullying order.
We can help from the moment that someone first makes a bullying complaint.
Our in depth understanding of all the things that can flow from a poorly handled bullying complaint means that we can give you practical steps to take which will maximise your chances of resolving the complaint as quickly and easily as possible.
If your Bullying Complaint ends up in court
If things can’t be resolved and you end up facing formal court proceedings then we can take charge of those matters, plan a strategy, collect the evidence required and represent you when the case is heard.
Where appropriate we will recommend that a barrister be involved and we will manage that process for you.
We are here to take away the worry and to ensure that our clients know that we have their backs. Contact us to find out how we can assist.
We help employers solve and prevent people issues. We are problem solvers.
Call our Principal, Susannah McAuliffe
Phone: 1300 764 792
Email: info@latitudelaw.com.au