Key Takeaways
- The law provides pathways for victims of discrimination, harassment, or victimization to seek redress and hold responsible parties accountable.
- Discrimination complaints can often be resolved informally through negotiation or conciliation, potentially resulting in financial compensation, apologies, or changes in policies.
- If a case reaches a tribunal, remedies may include formal declarations of discrimination, orders to cease discriminatory behavior, and financial compensation for lost earnings and emotional distress.
- Key legislation such as the Equal Opportunity Act 2010 prohibits discrimination and provides individuals with rights to file complaints and seek remedies.
- Resources like the Victorian Equal Opportunity and Human Rights Commission and Australian Human Rights Commission offer support in understanding rights and navigating discrimination claims.
Experiencing discrimination, sexual harassment, or victimisation can be distressing and may have long-term personal and financial consequences. Fortunately, the law provides pathways to seek redress, hold the responsible parties accountable, and prevent future occurrences. Whether through an informal resolution, conciliation, or a tribunal hearing, you have options to ensure justice is served.
This guide outlines the legal remedies available in Victoria, the steps to resolve a discrimination complaint, and key considerations when seeking compensation. By understanding your rights and the legal framework, you can make informed decisions about how best to proceed with your claim.
Resolving Discrimination Complaints
- Informal Resolutions and Settlements
Many discrimination complaints are resolved before a formal hearing through negotiation or conciliation. Settlement agreements may include:
- Financial compensation
- A formal apology
- Reinstatement of employment
- Policy changes to prevent future discrimination
- Mandatory anti-discrimination training for the respondent
- Tribunal or Court-Ordered Remedies
If a complaint proceeds to a hearing and is upheld, the court or tribunal may order:
- Declarations of Discrimination – A formal acknowledgment that unlawful discrimination occurred.
- Orders to Cease Discriminatory Behaviour – A directive for the respondent to stop the unlawful conduct.
- Systemic Remedies – Changes in workplace policies, mandatory anti-discrimination training, and other measures to prevent future discrimination.
- Financial Compensation – Payment for lost earnings, pain and suffering, and other damages.
Understanding Financial Compensation
Types of Compensation
| Type of Compensation | Description |
| Past Lost Earnings | Covers lost wages from the time of dismissal or discrimination to the present, minus any earnings made since the incident. |
| Future Lost Earnings | Estimates lost income while seeking alternative employment, typically capped at 12 months. |
| Pain and Suffering | Compensation for psychological and emotional distress caused by discrimination. |
| Lost Benefits | Covers entitlements such as superannuation, annual leave, or long service leave. |
| Medical Expenses | Covers past and future medical expenses related to discrimination, such as counselling. |
Mitigating Financial Loss
Complainants must make reasonable efforts to find alternative employment to reduce their financial loss. If they do not take active steps to secure new work, their compensation award may be reduced accordingly.
Adjustments for Life Circumstances
Compensation awards are often adjusted (by 15–25%) to account for life’s uncertainties, such as potential job loss for other lawful reasons.
Practical Considerations in Discrimination Claims
- Centrelink Payments
Receiving financial compensation may affect Centrelink benefits. Claimants may need to notify Centrelink and repay any overlapping benefits.
- Taxation of Compensation
Compensation for lost earnings is usually taxable, whereas payments for pain and suffering or general damages are non-taxable.
- Medicare Reimbursements
Claimants may need to reimburse Medicare for medical expenses covered under its benefits.
- Workers’ Compensation and Discrimination Claims
If a claimant is also pursuing a workers’ compensation claim, legal advice is essential to understand how a lump sum settlement may affect entitlements.
Key Legislation
- Equal Opportunity Act 2010: Prohibits discrimination based on attributes like race, gender, disability, and sexual orientation in areas such as employment and education. It grants individuals the right to file complaints and seek remedies.
- Racial and Religious Tolerance Act 2001: Makes it unlawful to incite hatred or ridicule based on race or religion, aiming to prevent racial and religious vilification.
- Australian Human Rights Commission Act 1986: Establishes the Australian Human Rights Commission to handle discrimination complaints under federal law, covering disability, race, age, and sex discrimination.
- Fair Work Act 2009: Governs workplace relations and protects workers from discrimination based on factors like age, race, gender, and disability, providing remedies for unfair treatment.
Resources and Support
- Victorian Equal Opportunity and Human Rights Commission (VEOHRC): Assists individuals in understanding their rights, investigating complaints, and facilitating resolutions through conciliation.
- Australian Human Rights Commission (AHRC): Handles discrimination complaints under federal laws, mediating disputes and promoting human rights protections.
- Fair Work Commission (FWC): Deals with workplace-related discrimination claims, ensuring fair employment practices and providing avenues for redress.
- Victoria Legal Aid: Provides legal assistance and advice to individuals facing discrimination, particularly those experiencing financial hardship.
Conclusion
Navigating a discrimination complaint can be overwhelming, but you do not have to face it alone. Understanding your legal rights, the available remedies, and the best resolution pathways is crucial to securing a fair and just outcome. Whether you are seeking financial compensation, policy changes, or other legal remedies, taking action is the first step toward justice.
At Pentana Stanton Lawyers, we are committed to standing by your side, providing expert legal advice and dedicated representation to help you achieve the best possible outcome. Contact us today for a confidential consultation and let us guide you toward a resolution that upholds your dignity and legal protections.
