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Workplace Harassment & Discrimination Lawyers

Workers have rights in relation to unlawful discrimination and harassment that may occur in the workplace and in work-related activities. Call or email today to get advice from our Workplace Harassment & Discrimination Lawyers at Carter Capner Law.

Do you have a claim?

Check to see if you are entitled to a payout or compensation. If you have a question, please get in touch with our Workplace Harassment & Discrimination Lawyers.

Do you have a potential Workplace Discrimination & Harassment claim?

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Claiming compensation for Workplace Discrimination & Harassment

Our Workplace Harassment & Discrimination Lawyers assist with complaints to the Australian Human Rights Commission in relation to breaches of the Australian Human Rights Commission Act,  Sex Discrimination Act and the Disability Discrimination Act, including in relation to sexual harassment, victimisation and discrimination on the basis of sex, gender identification, race and disability.

These laws make it unlawful to:-

  • Discriminate ie treat a person less favourably than another person because of a personal attribute they have. It against the law to discriminate against a person because of his or her disability, eg work injury, pre-existing depression or mental condition or on the grounds of race, gender, gender identification, appearance, religion.
  • Harass or bully, eg through ‘banter’ or telling jokes pertaining to any personal attribute, gender etc. Sexual harassment in the workplace is against the law.
  • Provide unsafe work conditions. Employers have legal obligations to eliminate and minimise health and safety risks in the workplace eg reduce or eliminate the sources of stress and harassment to workers.
  • Maintain barriers that people with disabilities face at work.

Complaints are dealt with by conciliation and if that fails by the court process. An expert team member is available to discuss your rights today. Such complaints can be made in addition to a workers’ compensation claim for work-related injury.

Call or email today to get advice from Workplace Harassment & Discrimination Lawyers at Carter Capner Law.

1

Notify your employer of work-related discrimination and harassment

It is crucial to notify work of your work-related bullying, discrimination and harassment or psychological suffering ASAP. The next formal step is to complete an Incident Report with your employer.

2

See a GP or psychologist.

See a doctor so they can check your work-related psychological suffering.  The doctor can also issue a Workers’ Compensation Medical Certificate. If your employer sends you to its doctor, you may want to consider also going to see your own GP as well.

3

Lodge a discrimination or harassment complaint

The doctor who sees you may lodge a workers compensation claim on your behalf. If this doesn’t happen, head to the WorkSafe website and lodge an online application for WorkCover claims. A complaint to the Australian Human Rights Commission is a separate matter that needs to be assessed and actioned by experienced Workplace Harassment & Discrimination Lawyers.

4

Keep records of every occasion of discrimination and harassment

Keep records and always notify your employer when discrimination and harassment events occur.

 

Am I entitled to complain about discrimination and harassment?

Yes, Employers have legal obligations to eliminate discrimination and harassment in the workplace. This extends to sexual harassment, victimisation and discrimination on the basis of sex, gender identification, race, disability and other things. Speak to our Workplace Harassment & Discrimination Lawyers if you are unsure whether or not you are able to claim compensation.

What is the complaint process?

This starts with a fully detailed complaint to the Australian Human Rights Commission with full particulars of all events and the adverse impact they have caused you.

The AHRC will endeavour to resolve the complaint but if it can’t, you are entitled to commence court proceedings.

 

What evidence do I need to keep and collect?

To assist Workplace Harassment & Discrimination Lawyers, it is important to try to do the following:

  • Make notes of your recollection of all relevant events and of your discussions with management about them
  • Record names and addresses of witnesses
  • Take photos or video if they establish what happened or what someone did to harass you
  • Keep details of your absences from work caused by the events
  • Make a list of visits to doctors, counsellors and psychologists for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Are there any time limits to complain about discrimination and harassment?

There is no statutory time limit for a complaint to the AHRC but because the President has a discretion to decline to deal with those made more than 12 months after the events took place, the complain should be made within 12 months. Don’t delay your right to claim for compensation, speak to one of our Workplace Harassment & Discrimination Lawyers today.

 

What if my employer doesn’t want me to lodge a complaint?

Lodging an AHRC complaint is an important step in getting the workplace to acknowledge its responsibilities.

You are not obligated to notify your employer that you intend to make an AHRC complaint or a WorkCover claim.

If your employer tries and talks you out of making an AHRC complaint or a WorkCover claim you should get prompt legal advice from Workplace Harassment & Discrimination Lawyers.

Can I claim income-protection or TPD through my superannuation?

Yes, as long you are covered for either or both TPD and income protection under your superannuation policy you can claim for TPD and/or income protection for the consequences to you of the discrimination and harassment.

If you’re unable to attend your job due to your injury, you may be entitled to request for a superannuation lump-sum.

It is recommended to speak to Workplace Harassment & Discrimination Lawyers to discuss how to take the best course of action.

Should I also claim damages?

Whether a damages claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, contact our Workplace Harassment & Discrimination Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

Do I need to go to court for my discrimination and harassment complaint?

The majority of complaints are resolved  by the AHRC without the need of court action. If however the matter cannot be resolved in that forum, it is necessary to commence court proceedings which are usually then resolved by negotiation.

Can I make a valid complaint regarding discrimination and harassment that occurred at a workplace social event?

Yes. The fact that a worker is away from their usual place of work when discrimination and harassment does not mean that a complaint is precluded.

If you are looking to get a personalised assessment of your entitlement to compensation, contact our Workplace Harassment & Discrimination Lawyers and speak to one of our expert lawyers.

 

Do I need a lawyer to make a discrimination and harassment claim?

It’s not mandatory to seek legal advice from Workplace Harassment & Discrimination Lawyers to lodge an AHRC complaint. There are many benefits to secure a discrimination and harassment lawyer handle your complaint:

  • Free consultations – Before proceeding, a discrimination and harassment lawyer can review your case during an obligation-free consultation.
  • Insurance claim expertise – Your discrimination and harassment lawyer has experience with negotiating with insurers that can provide you with the ease of mind when assessing compensation and identifying what you’re entitled to at law.
  • Experienced and time-conscious – It is your lawyers’ job to ensure your claim is lodged in-time. Many claimants who self-represent are not well-versed in the time-frames and processes associated with discrimination and harassment cases especially if the matter needs to advance to court.

Types of injuries that may occur due to Workplace Discrimination & Harassment

Damages are available for expense recovery, lost income, loss of future earning capacity, paid and unpaid recuperative assistance, pain & suffering, loss of enjoyment of life and other losses relating to your circumstances.

Anxiety.

Mental suffering.

Depression.

Stress.

Time off work & career development.

Future loss of Earnings.

Adjustment Disorder.

The CCL method

Our Workplace Harassment & Discrimination Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Workplace Harassment & Discrimination Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, our Workplace Harassment & Discrimination Lawyers will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for discrimination and harassment complaints?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Workplace Harassment & Discrimination Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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