Comments on: Gay sackings on the rise http://www.starobserver.com.au/news/2008/10/29/gay-sackings-on-the-rise/2422 Australia's leading gay and lesbian news source Fri, 19 Mar 2010 05:28:30 +1100 http://wordpress.org/?v=2.9.2 hourly 1 By: Ghassan http://www.starobserver.com.au/news/2008/10/29/gay-sackings-on-the-rise/2422/comment-page-1#comment-8738 Ghassan Thu, 30 Oct 2008 05:04:34 +0000 http://www.starobserver.com.au/?p=2422#comment-8738 Perhaps, the Australian Human Rights Commission has raised its profile in the GLBT community via the Same-Sex Same Entitlements inquiry so that more people are coming forward to make a complaint? This may not necessarily mean there has been a rise in gay sackings - but rather a rise in reporting. For anyone thinking of making a complaint, I really would advise you speak to a community legal centre (like the Inner City Legal Centre) as they may be able to help you on whether to make a complaint under federal law (i.e. via the Australian Human Rights Commission) or under NSW law (i.e. via the Anti-Discrimination Board). Perhaps, the Australian Human Rights Commission has raised its profile in the GLBT community via the Same-Sex Same Entitlements inquiry so that more people are coming forward to make a complaint?

This may not necessarily mean there has been a rise in gay sackings – but rather a rise in reporting.

For anyone thinking of making a complaint, I really would advise you speak to a community legal centre (like the Inner City Legal Centre) as they may be able to help you on whether to make a complaint under federal law (i.e. via the Australian Human Rights Commission) or under NSW law (i.e. via the Anti-Discrimination Board).

]]> By: Bruce Thompson http://www.starobserver.com.au/news/2008/10/29/gay-sackings-on-the-rise/2422/comment-page-1#comment-8735 Bruce Thompson Thu, 30 Oct 2008 00:56:45 +0000 http://www.starobserver.com.au/?p=2422#comment-8735 If you or any of your mates or colleagues have been a victim of sexual harassment or discrimination on the basis of your sexuality (or presumed sexuality), you are better off waiting until January 2009 (provided you are still within 12 months of the sexual harassment/discrimination occurring)and lodging an Anti-Discrimination Board complaint. This is because it is expected that the Administrative Decisions Tribunal Amendment Act 2008 will have been proclaimed by this date meaning that you will now be able to receive maximum damages of $100k as opposed to $40k (which is the maximum amount at the moment). Also, Australian Human Rights Commission matters are progressed to the Federal Court if they're not conciliated and if you have a weak case and you lose in the Federal Court, you will most likely have to pay your adversaries costs (as well as your own costs). However, after your Anti-Discrimination Board complaint has been accepted and referred to the Administrative Decisions Tribunal (ADT), you are unlikely to have to pay your adversary's costs in the ADT and can easily represent yourself. In fact, in general, I recommend you don't engage a lawyer. To make such a recommendation, it's evident that I'm not a lawyer as I'm sure I could be disbarred for making such a comment...though there is an "Erin Brokovitch" like film being written about me by the bloke who wrote "The Wedding Crashers" if that shines your boots for you!!! Nonetheless, after two years of being self-represented and fighting my former employer in the ADB and ADT, I am experienced enough to offer advice and coach you through the ADB and ADT processes FOR FREE (note this lawyers!)simply because I have been grossly wronged by my former employer and I would hate others in the community to suffer similarly. Remember, the only person who fully understands your case IS YOU. Lawyers are only used car salespeople hunting for dark dark truths in a sea of shiny dollars. I can be contacted through the "Sydney Star Observer" if you need my assistance. Cheers Bruce Thompson If you or any of your mates or colleagues have been a victim of sexual harassment or discrimination on the basis of your sexuality (or presumed sexuality), you are better off waiting until January 2009 (provided you are still within 12 months of the sexual harassment/discrimination occurring)and lodging an Anti-Discrimination Board complaint. This is because it is expected that the Administrative Decisions Tribunal Amendment Act 2008 will have been proclaimed by this date meaning that you will now be able to receive maximum damages of $100k as opposed to $40k (which is the maximum amount at the moment). Also, Australian Human Rights Commission matters are progressed to the Federal Court if they’re not conciliated and if you have a weak case and you lose in the Federal Court, you will most likely have to pay your adversaries costs (as well as your own costs).

However, after your Anti-Discrimination Board complaint has been accepted and referred to the Administrative Decisions Tribunal (ADT), you are unlikely to have to pay your adversary’s costs in the ADT and can easily represent yourself. In fact, in general, I recommend you don’t engage a lawyer. To make such a recommendation, it’s evident that I’m not a lawyer as I’m sure I could be disbarred for making such a comment…though there is an “Erin Brokovitch” like film being written about me by the bloke who wrote “The Wedding Crashers” if that shines your boots for you!!!

Nonetheless, after two years of being self-represented and fighting my former employer in the ADB and ADT, I am experienced enough to offer advice and coach you through the ADB and ADT processes FOR FREE (note this lawyers!)simply because I have been grossly wronged by my former employer and I would hate others in the community to suffer similarly.

Remember, the only person who fully understands your case IS YOU. Lawyers are only used car salespeople hunting for dark dark truths in a sea of shiny dollars.

I can be contacted through the “Sydney Star Observer” if you need my assistance.

Cheers

Bruce Thompson

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