the same way as everyone else and that an performing, it is important to inform the sex, pregnancy or family employee directly and conduct regular employee’s responsibilities does not unfairly influence a performance reviews and counselling decision process. sessions. Thorough documentation should be kept. Conducting the first such review or For example, if voluntary redundancies are dismissing an employee after the employee being offered, then these should also be announces a pregnancy may lead to offered to employees on parental leave. It considerable misunderstanding and allegations may be discrimination to have a selection of discrimination. criterion based on who did not receive a recent performance appraisal or bonus. How do I best manage More information performance concerns? Australian Human Rights Commission While you are entitled to dismiss an employee because of poor or inadequate performance, you are not entitled to dismiss an employee if a reason for the dismissal (even if it is not the Fair Work Ombudsman only or main reason) is, for example, the sex, pregnancy, potential employee’s pregnancy or family responsibilities. Confusion about the motives for dismissal of a Fact sheets: pregnant or potentially pregnant employee can often lead to an allegation of discrimination. This can be the result of poor communication and inadequate management practices, for example, where an employee with Fair Work Commission: unsatisfactory work performance is not made Guides: properly aware of the performance issues prior General Protections to, for example, the pregnancy and/or Unfair Dismissal dismissal. Where an employee is under Contact us Organisation Role Australian Human The National Information Service provides employers and Commission’s Rights Commission employees with information about their obligations and rights under the Sex Discrimination Act. ph 1300 656 419 A key role of the Commission is to investigate and conciliate complaints of discrimination under the Sex Discrimination Act. The Commission is not a court and cannot decide if has happened. The role is to get both sides of the story and Commission’s help those involved try to resolve the complaint. If the complaint cannot be resolved or is terminated for some other reason, such as that the complaint is lacking in substance or has already been adequately dealt with, the complainant has the option of making an application to the Federal Circuit Court of Australia or the Federal Court of Australia. The court can determine if has happened. A complainant under the Sex Discrimination Act cannot go straight to court. It must first go to the Australian Human Rights Commission.
the same way as everyone else and that an employee’s sex, pregnancy or family responsibilities does not unfairly influence a decision process. For example, if voluntary redundancies are being offered, then these should also be offered to employees on parental leave. It may be discrimination to have a selection criterion based on who did not receive a recent performance appraisal or bonus. How do I best manage performance concerns? While you are entitled to dismiss an employee because of poor or inadequate performance, you are not entitled to dismiss an employee if a reason for the dismissal (even if it is not the only or main reason) is, for example, the employee’s sex, pregnancy, potential pregnancy or family responsibilities. Confusion about the motives for dismissal of a pregnant or potentially pregnant employee can often lead to an allegation of discrimination. This can be the result of poor communication and inadequate management practices, for example, where an employee with unsatisfactory work performance is not made properly aware of the performance issues prior to, for example, the pregnancy and/or dismissal. Where an employee is under performing, it is important to inform the employee directly and conduct regular performance reviews and counselling sessions. Thorough documentation should be kept. Conducting the first such review or dismissing an employee after the employee announces a pregnancy may lead to considerable misunderstanding and allegations of discrimination. More information Australian Human Rights Commission Fair Work Ombudsman Fact sheets: Fair Work Commission: Guides: General Protections Unfair Dismissal Contact us Organisation Role Australian Human Rights Commission ph 1300 656 419 The Commission’s National Information Service provides employers and employees with information about their obligations and rights under the Sex Discrimination Act. A key role of the Commission is to investigate and conciliate complaints of discrimination under the Sex Discrimination Act. The Commission is not a court and cannot decide if has happened. The Commission’s role is to get both sides of the story and help those involved try to resolve the complaint. If the complaint cannot be resolved or is terminated for some other reason, such as that the complaint is lacking in substance or has already been adequately dealt with, the complainant has the option of making an application to the Federal Circuit Court of Australia or the Federal Court of Australia. The court can determine if has happened. A complainant under the Sex Discrimination Act cannot go straight to court. It must first go to the Australian Human Rights Commission.
supporting-working-parents-employer-guide.docx