ARTICLE · 16 MAY 2006

Work Choices - Rise in Discrimination Claims?

Clayton Utz

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While Work Choices will not have any direct effect on the operation of state and federal anti-discrimination laws, observers have suggested the new industrial relations reforms may indirectly lead to more discrimination-related claims.

AustraliaEmployment and HR

Joe Catanzariti

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Key Point

While Work Choices will not have any direct effect on the operation of state and federal anti-discrimination laws, observers have suggested the new industrial relations reforms may indirectly lead to more discrimination-related claims.

A number of observers are predicting that with the introduction of the Workplace Relations Amendment (Work Choices) Act 2005 (Work Choices) and, in particular, changes to the unfair dismissal laws, there will be a proliferation of claims in the anti-discrimination jurisdiction.

Work Choices introduces a new scheme for unfair dismissal claims under the Workplace Relations Act 1996. Such claims will now be limited to employers with 100 or more employees. Employees must have at least six months' service to access the unfair dismissal laws.

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