Question
Anti-discrimination law Refer to the following hypothetical scenario and answer Question 5 and Question 6 below. Nazira is employed as a Malaysian chef at Gossip
Anti-discrimination law Refer to the following hypothetical scenario and answer Question 5 and Question 6 below. Nazira is employed as a Malaysian chef at Gossip Gees restaurant at South Bank, which is owned by George Calamari. Her supervisor, Charlie, greatly enjoys Nazira's company, and touches her hair at every opportunity and continually asks her to have sexual relationship with him. Nazira greatly dislikes this, and has asked Charlie to stop or she will make a complaint. One day in the restaurant kitchen, Charlie puts his arm around Nazira's waist. She was furious, left the kitchen and walked straight to the manager George Calamari who was at the restaurant bar. George did not take her complaints seriously because Charlie is his cousin. George said to Nazira, "We took a gamble on you because you are supposed to be a brilliant chef. I should have known better than to hire a Malaysian woman. You're all the same; you're so sensitive and take offence at everything. You can't work in a kitchen if you're going to be offended by every little thing that happens! Get out of here, you're fired! We should never hire Malaysian women to work in this restaurant". As a result of being fired by George Calamari and enduring the humiliation of his criticism, Nazira is depressed and according to her doctor, she will not be fit to undertake any work for at least a month. Question 5 (7.5 marks) Using only the Anti-Discrimination Act 1991 (Qld) and the supporting common law, advise Nazira as to whether she can bring a complaint against George for direct and/or indirect discrimination. (You are NOT required to discuss exemptions, vilification, vicarious liability, procedure or remedies).
Question 6 ( 7.5 marks) Nazira would like to know if she can sue Charlie for touching her body, and for his suggestive comments when she was working at the restaurant. Advise Nazira on this issue using only the Anti-Discrimination Act 1991 (Qld) and the supporting common law. As part of your answer, you should discuss the procedure Nazira must follow to lodge a claim, and what remedies (if any) are available to Nazira. (You do NOT need to discuss direct or indirect discrimination, exemptions, or vicarious liability for this question.)
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