Question
Mary and Bill both graduated from the same law school with First Class Honours. Both are the same age, have similar legal experience and did
Mary and Bill both graduated from the same law school with First Class Honours.
Both are the same age, have similar legal experience and did an Arts degree majoring in history and philosophy.
Both were interviewed for a position as an employee solicitor with one of Australia's largest and most prestigious firms.
The firm is a partnership that only conducts business and employs people in NSW. They were told that the selection for the position ultimately came down to a choice between the two of them. Bill was offered the job. Mary was not made an offer. T
he interview panel comprised 3 men. Both Mary and Bill were asked about their capacity to bring clients to the firm. During her interview, Mary said that her aging parents were looking for someone to draft mutual wills. She was asked about her plans to have children. It was explained to her by the Managing Partner that the person selected would be expected to work on a case which may last for 3 years and which would require some overseas travel. Mary gave a non-committal answer to the question concerning children and overseas travel. Mary had attended a country public high school. Bill was not asked about his plans to have children.
The Managing Partner asked Bill (who had attended one of Sydney's leading private schools) whether he was the person he had seen in the men's locker room at Royal Sydney Golf Club at the weekend laughing and joking with the CEO of one of Australia's biggest banks. Bill confirmed that it was him and said that he had gone to school with the CEO's son who remained his closest friend.
Has Mary been the subject of unlawful sex discrimination? Please refer to any relevant federal and/or State anti-discrimination legislation. You should use the ILAC (Issue, Law, Application, Conclusion) method in the answer.
Task will assess the following learning outcome/s:
- be able to explain the law relating to contracts of employment.
- be able to identify instances of discrimination and breaches of workplace health and safety, and explain the law relating to them.
- be able to apply the law covered in this subject to workplace scenarios.
- be able to analyse the law in relation to workplace scenarios.
- be able to effectively communicate the application of the law to workplace scenarios.
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