The National Review received a number of submissions proposing: special paid leave should be provided for breastfeeding or printing under the FWA; or expressly allow personal leave or leave without pay to be used for breastfeeding or expression purposes. The submissions also emphasized that adequate facilities for mothers to breastfeed or express milk must be provided in the workplace. In 2013, the objectives of the Gender Equality in the Workplace Act 2012 (Cth) were reformed to promote the elimination of gender discrimination among employers in employment matters (including family and family responsibilities). [730] The government is currently consulting on the WGEA`s reporting framework. Workers are also protected against adverse measures relating to a “right to the workplace” or if they have exercised or intend to exercise a “right in the workplace”. [639] Workplace rights include, for example, the explicit rights of pregnant workers and parents under the NES. [640] In FWA cases where discrimination based on pregnancy and family obligations is alleged, violation of related rights in the workplace may also be invoked. [641] Implementation can be strengthened by several complementary policies and measures, including disseminating information as early as possible, providing effective training, changing workplace cultures to eliminate stereotypes, harmful practices and behaviours, and monitoring policy implementation. With strong leadership in organizations, reforms can be carried out that shape more supportive and performing workplaces. Visit the Workplace Counselling Service for free legal aid for bullying in the workplace. Transfer to secure employment or “not secure employment” is possible if a pregnant worker can work but cannot do so in her job for reasons related to pregnancy or the dangers of her position. [631] Appropriate evidence must be provided.
Secure employment must be for the same hours (unless otherwise agreed), the same conditions and the same salary as in the initial work. If such employment is not available, persons entitled to unpaid parental leave will have paid “safe leave” (at basic salary). [632] For those who are not entitled to unpaid parental leave, the phrase “no work leave without security” is available without pay. [633] The library manages staffing requirements through a strategic staffing plan. The plan includes measures related to appropriate diversity and working on a workforce that is representative of the wider Australian community. The national legal framework consists of anti-discrimination laws at the Commonwealth and state/territory levels and Commonwealth labour relations laws that prohibit discrimination on the basis of employment-related disability. The current Commonwealth anti-discrimination regime provides an important legal framework for the promotion of equality in Australia and contains many positive elements that contribute to protection against certain forms of discrimination in certain circumstances. Despite these characteristics, many individuals and groups within the Australian community face discrimination, and the notion of substantive equality remains, at least for some, still inaccessible. Substantive equality allows different groups to be treated differently so that they can enjoy their human rights on an equal footing. It is different from the formal equality achieved when the law treats all persons equally. Formal equality may not address discrimination because it does not take into account the disadvantage of different groups.
Many of the recommendations relating to the framework for occupational health and safety in the case of pregnancy and productivity: it is a right, not a privilege to work during pregnancy, have not been implemented. There is still an urgent need to provide clear and practical guidance to employers on how to fulfil their obligations to protect the health and safety of pregnant workers, workers after parental leave and nursing mothers. Centralised and clear guidelines covering all overlapping occupational obligations that apply to pregnant women in the workplace or to parents returning to work after parental leave would be particularly useful. The National Review notes the need to increase awareness of the provisions of the HPA prohibiting “victimization” and the creation of safe reporting environments in the workplace. There is confusion among employers and employees about the use of paid personal leave (or leave without pay) to attend pregnancy-related appointments, such as prenatal appointments. It is also necessary for fathers and partners to have access to paid personal leave or leave without pay to attend prenatal appointments (including IVF) and take leave after a miscarriage. The National Review increased concerns about costs and heard that uncertainty about the nature and scope of discrimination remedies can deter women from pursuing their case. Under Australia`s Anti-Discrimination Act, an employer can be legally liable for discrimination and harassment in the workplace.
To minimize the risk of lawsuits, employers can actively implement anti-discrimination measures and ensure that they educate employees about the consequences. [Bringing a case to the Federal Court] is extremely expensive and prohibitive for most – my lawyer points out that it will cost me more than $100,000 in legal fees, and since this is a free jurisdiction, I can`t claim legal fees from my employer, even if I were to win the case. In reality, all the money awarded by the court goes directly to the lawyers, and I find myself in a situation where I have invested a lot of time and effort, and while I achieve a moral victory, I am still in need financially, without work, without maternity benefits and with an extra mouth to feed. [687] Although the study shows that the right to request flexible work arrangements is relatively low among workers,[648] the results of the National Telephone Survey showed that 89% of requests to adjust their working conditions (by mothers after returning to work after parental leave) were approved. However, 18% of mothers who returned to work after the birth of their child reported experiencing discrimination in the flexible work application. [47] See Department of Social Services, Australian Disability Enterprises (2015). On www.dss.gov.au/our-responsibilities/disability-and-carers/program-services/for-service-providers/australian-disability-enterprises (accessed May 22, 2015). Community organizations, including unions and legal services, have also confirmed that while the SDA includes a provision prohibiting “victimization” for making a claim under the DSA, the National Review has learned that the reality in the workplace is often that pursuing a formal complaint within the organization or with a government agency jeopardizes good relations within the organization and can also jeopardize an employee`s reputation in their profession. Australia has ratified several of the international conventions that set standards for the protection of women workers from discrimination related to pregnancy, parental leave and return to work. However, there are other conventions that Australia has not ratified, including: The PPL, as well as other existing mechanisms, can be used by major employers` bodies, trade unions, anti-discrimination and equality authorities and municipal legal centres to ensure wide dissemination of these documents. While some stakeholders told the National Review that the existing occupational health and safety framework was sufficient, many others identified gaps in OHS legislation.
A number of international legal instruments set out obligations to protect women`s rights in employment and occupation. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) requires countries to take appropriate legislative measures and legal protection mechanisms that prohibit discrimination against women.
