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Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience:  Law degree with 1st class honours from Australian National University.
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If I sue the racial discrimination in the workplace, what should

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If I sue the racial discrimination in the workplace, what should be important facts to support the claims?

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:

Please let me know if you need any more information.


Customer: replied 4 years 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.

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 4 years 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.

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 4 years 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.

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 and other Australia Law Specialists are ready to help you
Customer: replied 4 years 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.

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 4 years 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.


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