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Resolved complaint (26) about racial discrimination in employment

Learn how a complaint (26) about racial discrimination in employment was resolved through conciliation.

Race discrimination Conciliation register entry

Summary

  • Year: 2021
  • Relevant Act: Racial Discrimination Act
  • Grounds: Colour; Ethnic origin; National origin/extraction; Race
  • Area(s): Employment; Other section 9
  • Settlement terms:
    • Other opportunity provided
    • Revised terms and conditions

About the complaint

The complainant is from Sri Lanka and was employed as a casual team member at the respondent supermarket. He alleged the respondent manager reduced his shifts while employing new Anglo-Saxon/white Australian staff. He also alleged Anglo-Saxon/white Australian staff were allocated less onerous duties, such as selling cigarettes and newspapers and monitoring self-checkout counters as opposed to packing bags or heavy lifting. The complainant further alleged the respondent manager intervened to prevent him from attending a leadership workshop. 

The supermarket claimed that the complainant was not the only employee whose shifts were reduced during the relevant time period. The supermarket said that new staff members were offered more shifts and more varied work tasks because the complainant's own availability was restricted due to his study commitments outside of work. The supermarket said that the complainant was not eligible for the leadership workshop because of his casual employment status.

The complaint was resolved with an agreement that the supermarket offer the complainant a permanent part-time role and train him in, and deploy him to, a broader variety of tasks. 

Guidance on the use of these summaries

This is a summary of a selected complaint that has been resolved through our conciliation process. It's designed to help people better understand how complaints might be resolved and what outcomes are possible.

These summaries are for general guidance only and are not legal advice. If you need advice about your situation, you should seek independent legal support.

Please note:

  • all complaints are de-identified
  • complaints are resolved on a 'without admission of liability' basis
  • some content may include confronting or offensive language.

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