QLD Application Rejected Because of Nationality - Discrimination?

[Rez]

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?

 

[Matthew Lynch]

Is the criteria part of an affirmative action program for Aboriginal or Torres Strait Islanders?

 

[Rez]

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.

 

[Matthew Lynch]

Then yes that is discrimination.

 

[Matthew Lynch]

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