QLD Discrimination on basis of citizenship

[MartinInTuggeranong]

My wife was recently offered a job verbally, only for the offer to be rescinded two hours later on the grounds that they 'preferred' to have an Australian citizen (she is a permanent resident). The position would have been as a consultant (i.e. not a regular employee) to a local government, and my understanding is that the position would not have been dealing with any sensitive data that might require Australian citizenship - in any event, a requirement (or 'preference') for Australian citizenship had never previously been specified or raised.

Is it legal to act in this way on grounds of visa/residency status in Queensland?

 

[Rod]

There are a few caveats, but generally, no.

The issue will be a lack of damages meaning it is unlikely any payout is going to be large.

It may be possible to seek 'reinstatement' but I not clear how likely this is likely to be an option. Many times the employer-employee relationship is so fractured that reinstatement is not a realistic option.