Hi everyone, I’m after some guidance about an upcoming conciliation with the Australian Human Rights Commission (AHRC).
A former coworker has made a discrimination/harassment complaint against me. I was already terminated from my job months ago because of this situation, and I’ve since lost two more jobs due to the reputational fallout. This whole thing has heavily impacted my income and work history.
The AHRC has now invited me to a conciliation session. I have a few concerns and would appreciate advice from people familiar with employment and discrimination matters:
Do I have to speak much during conciliation? I prefer to keep my responses brief and avoid saying anything that could be misinterpreted. Am I able to attend mainly to listen?
If the complainant requests money, do I have to agree to any financial settlement? I don’t accept liability and I’m not in a position to offer compensation.
If the complainant asks for conditions like me not staying at the same work camp as them (we both work FIFO), is that enforceable? I don’t control my accommodation – my employer does. Could I be forced to move or could this affect my job?
Are there any risks to me if I attend conciliation but choose not to settle?
Would not attending conciliation (but responding in writing) put me in a worse position?
I’m trying to understand my rights so I can protect myself. To be honest, I’d prefer not to go through conciliation at all because I just want this finished and I’ve already suffered a lot from this situation. However, if attending is the best way to close the matter and move on with my life, I’ll attend in good faith. I just don’t want to agree to anything unfair or anything that affects my employment.
Any guidance would be greatly appreciated.
If you want, I can also help you write replies to any comments you receive on the forum so you keep everything tight, safe, and consistent.
A former coworker has made a discrimination/harassment complaint against me. I was already terminated from my job months ago because of this situation, and I’ve since lost two more jobs due to the reputational fallout. This whole thing has heavily impacted my income and work history.
The AHRC has now invited me to a conciliation session. I have a few concerns and would appreciate advice from people familiar with employment and discrimination matters:
Do I have to speak much during conciliation? I prefer to keep my responses brief and avoid saying anything that could be misinterpreted. Am I able to attend mainly to listen?
If the complainant requests money, do I have to agree to any financial settlement? I don’t accept liability and I’m not in a position to offer compensation.
If the complainant asks for conditions like me not staying at the same work camp as them (we both work FIFO), is that enforceable? I don’t control my accommodation – my employer does. Could I be forced to move or could this affect my job?
Are there any risks to me if I attend conciliation but choose not to settle?
Would not attending conciliation (but responding in writing) put me in a worse position?
I’m trying to understand my rights so I can protect myself. To be honest, I’d prefer not to go through conciliation at all because I just want this finished and I’ve already suffered a lot from this situation. However, if attending is the best way to close the matter and move on with my life, I’ll attend in good faith. I just don’t want to agree to anything unfair or anything that affects my employment.
Any guidance would be greatly appreciated.
If you want, I can also help you write replies to any comments you receive on the forum so you keep everything tight, safe, and consistent.