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Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
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hi there, I have been discriminated in workplace racially,been

Resolved Question:

hi there, I have been discriminated in workplace racially,been screamed and yelled, damn c**t, retard, full of shit, piece of shit. I hand in 7 pages of complaint to HR department 3 weeks ago. Company still haven't come back to me.. I hear from the people I know, I heard you got sucked from someone everyday. I still have to work with person everyday.
I am stressed out and can't sleep. I feel like dirt every morning in the meeting. Today I heard company in trying to get rid of me soon with different reason.
Please give me advise. Thank you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.

Hello and thank you for your question. My name is XXXXX XXXXX I would be happy to help you with this.

The treatment you have received at your workplace is a breach of several pieces of legislation. For instance:

1. The Racial Discrimination Act 1975 (Cth) prohibits people from being discriminated against on the grounds of race.

2. The Fair Work Act 2009 (Cth) makes is illegal to treat someone like this in the workplace.

3. Occupational Health and Safety legislation makes this kind of bullying and harassment illegal.

You would have a basis to bring a claim for compensation against this company. If they take any action to terminate your employment, you will be able to seek reinstatement and also compensation for any loss of income you suffer.

I suggest you take action by lodging a complaint with the Fair Work Ombudsman. They are a government body who investigates situations like this in the workplace and can require employers to do certain things to prevent this type of discrimination occurring in the workplace.

You can lodge a complaint at this website:

http://www.fairwork.gov.au/complaints/how-to-make-a-complaint/pages/default.aspx

They will then look into the situation and also speak to your employer about what is going on and help to resolve the situation. They can be very influential because they can also impose penalties on employers, so hopefully this will help you resolve the situation. If not, come back and I will help you with other options.

Please let me know if you need any more information.

if not, I would appreciate if you could take the time to positively rate my answer using the smileys below.

Regards,
Sean

Customer: replied 1 year ago.

I am working in pipeline construction doing 4 weeks on 1 week off.


I am staying in the camp and there is no way out of this.


I can't sleep much and stressed out and company is ignoring my complaint and i am scared everyday.


My wife is stressed out with 3kids at home.


People in the knows what is going on. Spoke to supervisor but all he said was he has bi polar and his uncle is guru.


I dont want to be here any minute.


what are the option?


Union? Lawer?


I have to wake up at 4:30 in the morning and finish work 6pm coming back to camp.


I am not in normal state.


HR refuse to get complaint for couple of days.


I need help immediately.


Thank you.

Expert:  Sean replied 1 year ago.

Ok thank you, XXXXX XXXXX see that your situation is quite dire. I would definitely contact your union about this in the morning so they can do something straight away. They can talk to your employer and put arrangements in place to stop the harassment. You could also tell your employer you are unwell and take sick leave. You could go and see a doctor tomorrow and get a certificate for time off work so you can have some time to de-stress. Also, I think you should talk to a counsellor about this to help relieve some of your stress. You can call lifeline now on 13 11 14. They have trained counsellors who can help you to feel better.

Customer: replied 1 year ago.

if i go home for de stress, does it covered by income protection?


I am on 6 months probation. can company get rid of me without any reason?


thank you.

Expert:  Sean replied 1 year ago.

If you go home to destress, you will be able to take any sick leave you have accrued. After that runs out you should be able to get coverage under your income protection insurance. You will just need to check the insurance coverage to see if it covers your situation, but most income insurance coverage would cover this.

If you are under a probationary period, your contract will usually provide that the company can terminate your employment by giving 4 weeks' notice. However, if they do this because you are unwell, you will be able to bring a variety of claims against them, including unfair dismissal. For this reason it will actually help you if you take sick leave because it is difficult to terminate someone's employment while they are on sick leave.

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
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Sean
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Law degree with 1st class honours from Australian National University.