Dear customer, in relation to your important matter, and where your medical practitioner has provided you an all clear for the return to work and the employer is raising that as a result of your surgery you may not be able to return to work, is discrimination under the Fair Work Act.
Anti-discrimination legislation exists at federal level and in all states and territories in Australia.
The following anti-discrimination legislation exists at the federal level:
Age Discrimination Act 2004 (Cth) (ADA);
Disability Discrimination Act 1992 (Cth) (DDA);
Racial Discrimination Act 1975 (Cth) (RDA); and •
Sex Discrimination Act 1984 (Cth) (SDA). •
Australian Human Rights Commission Act 1986 (Cth) (AHRC Act);
The ADA prohibits discrimination against a person on the ground of age;
the DDA prohibits discrimination against a person on the ground of physical or mental disability;
the RDA prohibits discrimination against a person on the ground of race, colour, descent or national or ethnic origin and, in certain circumstances, being an immigrant; and
the SDA prohibits discrimination against a person on the ground of sex, sexual orientation, gender identity, intersex status, marital status, pregnancy or potential pregnancy, breastfeeding and family responsibilities.
The AHRC Act enables the Human Rights Commission to deal with complaints of unlawful discrimination under the above Acts. See Dispute resolution and remedies in discrimination matters. The AHRC Act also gives effect to Australia’s obligations under International Labour Organization Convention No. 111 by providing a separate process for resolving complaints about ‘discrimination’ in relation to employment and occupation. AHRC Act ‘discrimination’ encompasses a wider range of prohibited attributes than the concept of ‘unlawful discrimination’.
The Act that applies in your case in addition to the Commonwealth Act is Queensland — Anti-discrimination Act 1991
Where your employer is placing pressure on you to force you resign, this will also be a form of intimidation, harassing conduct, and a bullying claim may also be raised based on the facts of the matter.
There are claims that can be raised against the actions by your employer and the law will come to your aid.
If you would like to discuss this matter further by telephone, I welcome you to request those services.
If you have any further questions, I would be pleased to answer those for you.