How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Sean Your Own Question

Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience:  Law degree with 1st class honours from Australian National University.
70453545
Type Your Australia Law Question Here...
Sean is online now
A new question is answered every 9 seconds

If I sue the racial discrimination in the workplace, what should

Customer Question

If I sue the racial discrimination in the workplace, what should be important facts to support the claims?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.

Yes, I think you have a good claim there. As long as your English skill does not impact on your ability to perform your work. If it does impact on your work, then your employer should put you on an improvement plan to help you improve your English. But otherwise, if they treat you like this because of your racial background it will be discrimination.

You can make a complaint at the Human Rights Commission via this website:

http://www.humanrights.gov.au/complaint-process

Please let me know if you need any more information.

Regards,
Sean


Customer: replied 1 year ago.

Thanks Sean,


Yes, my English skill is not any problem for my working. My employer and all other staff recognized my good works and achievements. Unfortunately, only my manager dislike my English and make me hard to work under his management.


When I asked him why I could not have a chance to position promotion to a next level. He lied to me that the organization no need that level job for my role. In fact, I already done a lot of job in that level. They secretly employ another staff in that level without any job advertisement and application.

Expert:  Sean replied 1 year ago.

OK good. If your English skills have no impact on your role then you would have a strong discrimination claim. Also, if they secretly filled your role and overlooked you when you have the skills, it is another indicator that they are engaging in discriminatory conduct.

Customer: replied 1 year ago.

Not only this, they give my job to external company and paid that job as high as $40,000/month. They found a contract staff to do my job and paid that job as high as $200/hour. I worked very well for those works and only be paid $35/hour. I complain that is unfair to me. However, they said that is no unfair because they are external company and contract staff.

Expert:  Sean replied 1 year ago.

Well, not necessarily. It all depends on the reason they made that decision. If they made it to avoid using you it could be discrimination. And anyway, the way they have treated you apart from that would amount to discrimination.

Customer: replied 1 year ago.

It is obviously they treated me unfairly. Now the key issue is how I prove that the unfair treatment is related to the racial discrimination. I already have the evidence that my manager said my speaking English is not good and he advised me resign my job.


Another evidence is that they do not give me a chance of position promotion as other staff. There are six staff had obtained position promotion. Comparing with them, I worked longest for the organization, have highest professional qualification, did more works and projects than them. The only weakness of me is that my speaking English is not good as them because I am a Chinese Australian who immigrated to Australian ten years ago.

Expert:  Sean replied 1 year ago.

You have some good evidence there, enough to start a claim. Also remember that more will come out if you start proceedings, ie you can request emails etc that show how their decisions were made.

Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience: Law degree with 1st class honours from Australian National University.
Sean and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Sean,


You are great and big help to me.


Yes, I already collect most evidence to support the claim, including emails, documents of performance review and plan, the name of staff who obtained position promotion, company and contract staff who replaced my works, etc.


Based on above statement and evidence, how do you think if I could win the case.

Expert:  Sean replied 1 year ago.

You're welcome, and thank you for the bonus :-)

I think you have very good chances of winning this case. Remember, it will go to conciliation to start with after you lodge the claim, and it is likely that some kind of settlement could be reached there. Either the company will agree to put you in the position or pay you some form of compensation.

Customer: replied 1 year ago.

Yes, we already had a mediation and they agreed to give me $5000 compensation. However, I refused that offer. I think that is not enough to cover my loss. When I made formal complain to them, they cheated me and even bullied me by a lot of abnormal ways that hurt me too much. I have to resign my job because I could not endure their unfair treatment. My health is also hurt by the discrimination. I could not sleep normally and concentrated to my work due to the bad mental status.


But at moment, I am not sure if I could win the case. If I lost the case, I have to pay the legal fee to them. So I am hesitating if I will continue the claim to the court.


Sometimes I want to give up the claim because I am too weak to against them. But sometimes I still want to fight with them and expose the misconducts and unlawful actions of them to the public. They are not a private company, but an state government agency.


 

Expert:  Sean replied 1 year ago.

OK, well all the best with it, and please let me know if there is anything else I can help you with.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer
 
 
 
Chat Now With A Solicitor
Sean
Sean
Lawyer
855 Satisfied Customers
Law degree with 1st class honours from Australian National University.