Question
Hypothetical Scenario: Jurisdiction: Western Australian State Public Sector. If a state public sector employee is in the minority by virtue of racial background /appearance and
Hypothetical Scenario:
Jurisdiction: Western Australian State Public Sector.
If a state public sector employee is in the minority by virtue of racial background /appearance and gender within a business unit and is indirectly treated different would or could this amount to discrimination under the Equal Opportunity Act WA?
For example, hypothetically if the minority staff employee develops a business improvement - the outcome being community improvement and the line manager then castigates or disregards the business improvement, only later to direct a preferred staff member of the opposite gender and majority racial background to implement and accept the same business improvement (just a different or preferred person to implement) - could this be considered as discrimination by virtue of the Discrimination Act WA 1984?
For example, hypothetically, under a specific Western Australian Industrial Agreement, a line manager by virtue of acts and omissions interferes with the minority staff member's booking of leave to adversely affect the minority staff member financially. The administration and booking of leave by the minority staff member is allowable under the Western Australian Industrial Agreement, other staff members (the majority) are not interfered on how they book. The booking is acceptable under the agreement. Is this considered discrimination?
Final hypothetical - what if the above scenario occurred ultra vires, that is, the line manager is outside the scope of authorisation in the employment contract but they interferences causes adversity - what area of law is this. Rule of Law? Natural Justice?
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