VICTIMISATION

Question: I complained to my Manager that I was being subjected to racist name calling from my co-workers, and that one of my co-workers said that I would never get promoted because I was black. I told my Manager that I wanted to complain to the Anti-Discrimination Commission. My Manager took no notice of my complaint and transferred me to another section where I am engaged in mundane duties. I feel that this is a demotion and my Manager is trying to get me to resign as my skills are not being used as well as they were in my previous position. Would the actions of the Manager be victimisation?

Answer: Yes. Because you had told your Manager you wanted to lodge a complaint to the Anti-Discrimination Commission and you were transferred. You could also lodge a complaint of race discrimination. The Company would be vicariously liable for the actions of the Manager and vicariously liable for the workers who subjected you to the racist name calling.

Question: I am getting phone calls at home, and when I pick up the phone there is no-one on the other end. I am being victimised by Jan ... at work who I know does not like me and she has a lot of influence with the Managing Director. I know she is making the phone calls because she always looks at the clock when I come back from lunch and she speaks harshly to me. I think she is victimising me because although I work full time I have strong views about women being able to work part time. Is this victimisation?

Answer: No. There is no indication that Jan’s behaviour is linked to a complaint before the Anti-Discrimination Commission, or any indication that you have advised Jan that you intend to lodge a complaint with the Anti-Discrimination Commission.

Question: A woman I work with has a complaint with the Commission about sexual harassment. My boss has told me that if I provide witness information to the Anti-Discrimination Commission my job would no longer be secure. Is this victimisation and could I lodge a complaint?

Answer: Yes, you could lodge a victimisation complaint, because you have been threatened with an act which would be detrimental to you. The person threatening you would be liable for the victimisation as well as the Company which would be vicariously liable.

Question: I have been victimised by the publican at a hotel. He refuses to serve me. I was involved in a bit of a fight a while ago and since then the publican refuses to allow me to drink at the hotel. He lets my friends in but not me. Is this victimisation?

Answer: No. There is no ground alleged that would constitute unlawful discrimination under the Act, and no indication that the alleged victimisation has anything to do with a complaint that is before the Commission.

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