Reasonable changes to employee rosters will be permissible even if they have adverse effect

Key Points:

You should have sound business reasons to justify roster changes or other similar business decisions which may have adverse impacts on particular employees.

A reasonable business decision such as a change of rosters required to meet operational circumstances will generally be permissible even if it has a potentially adverse/discriminatory effect on one or more employees. This is because indirect discrimination (ie. conduct that has a greater effect on a person or group of persons because they have or do not have a particular attribute) has the additional element of reasonableness that must be considered in determining with the discrimination is unlawful. A recent decision of the Queensland Civil and Administration Tribunal illustrates the point.