LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Application Rejected Because of Nationality - Discrimination?

Discussion in 'Employment Law Forum' started by Rez, 26 September 2016.

  1. Rez

    Rez Member

    Joined:
    26 September 2016
    Messages:
    2
    Likes Received:
    0
    I am an Australian citizen and I applied for a job (Technical Manager Role) and the recruiter advised me that my application has been rejected as the company set the criteria that the applicant should be born in Australia, and not someone who became an Australian citizen. He also mentioned that I am 100% technically suitable for the job.

    I really feel offended and just wanted to know, is it discrimination about my race?
     
  2. Matthew Lynch

    Matthew Lynch Lawyer

    Joined:
    18 July 2016
    Messages:
    84
    Likes Received:
    7
    Is the criteria part of an affirmative action program for Aboriginal or Torres Strait Islanders?
     
  3. Rez

    Rez Member

    Joined:
    26 September 2016
    Messages:
    2
    Likes Received:
    0
    Thanks Matthew for your reply.

    No, there is nothing mentioned about the nationality or any action program in job advertisement. The recruiter verbally told me the company advised him that the applicant should be an Australian who was born and grew up in Australia.
     
  4. Matthew Lynch

    Matthew Lynch Lawyer

    Joined:
    18 July 2016
    Messages:
    84
    Likes Received:
    7
    Then yes that is discrimination.
     
  5. Matthew Lynch

    Matthew Lynch Lawyer

    Joined:
    18 July 2016
    Messages:
    84
    Likes Received:
    7
    You can make a complaint to the Australian Human Rights Commission, and request remedies for the unlawful act including an apology and compensation. The AHRC will conduct a mediation. If the other party refuses to mediate or it is not resolved you can then take the matter to the Federal Circuit Court or Federal Court.

    If you need assistance let me know: Matthew Lynch, Lawyer: Book Online | LawTap
     

Share This Page

Loading...