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Homework Question - Is Council's New Policy Discriminatory?

Discussion in 'Australian Law Students Forum' started by Enesaenesa, 14 June 2016.

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  1. Enesaenesa

    Enesaenesa Active Member

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    Whyborn City Council has, for a number of years, had a parking policy whereby its part-time staff could obtain a parking permit that entitled them to pay a parking fee on a pro-rata basis at a reduced rate similar to that of its full-time staff.

    Because of financial stringencies, Whyborn City Council has now abolished that policy because the Council believes that it is too complicated and time-consuming to administer the old policy for part-timers. The new policy is that part-timers will not be entitled to any deduction on a pro-rata basis but must pay the same fee as its full-time staff.

    Is the new policy discriminatory?

    I think the answer should be yes?
     
  2. Sophea

    Sophea Well-Known Member

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    In terms of the Fair Work Act 2009, an action is only considered adverse action if it occurs due to race, sex, age, disability, etc. If these are not the basis of the action, it may not be considered an act of unlawful discrimination.

    Generally state anti-discrimination legislation define unlawful discrimination as occuring due to personal characteristics including:
    Employment activity which appears to be the most relevant relates to instances where employees speak up about their rights and are treated unfairly as a result. Employment activity - Victorian Equal Opportunity and Human Rights Commission

    Check out the legislation that applies and examine how discrimination is defined. I don't know what state you are in.
     
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  3. Enesaenesa

    Enesaenesa Active Member

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    Thank you for you help;))
     
  4. Tim W

    Tim W Lawyer
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    Discount parking is, in effect, a fringe benefit.
    On that basis, I am not sure that abolishing a fringe benefit amounts to employment activity discrimination.
     
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