More protection for employees with Equal Opportunity Act Amendment

31/03/2008

From March 31 it would be against the law for employers to discriminate against an employee for requesting information or expressing concern about their employment entitlements such as rates of pay, overtime or annual leave.

The Victorian Equal Opportunity and Human Rights Commission has released guidelines for employers and employees explaining the change to the Equal Opportunity Act.

Commission Chief Executive Officer, Dr Helen Szoke, said that the amendment to the Act does not compel employers to provide the information requested, however they should not penalise or treat unfairly an employee who asks for such information.

As an example, if an employee enquires about maternity leave entitlements and is subsequently given fewer rostered shifts, this may be considered unfair treatment, and lead to a complaint of discrimination by the employee against the employer.

Dr Szoke said the amendment supported Victorian workers’ right to seek information about their entitlements without creating an additional burden on employers.

“A workplace where employees feel comfortable raising issues of entitlements and expressing concerns and that fosters principles of respect and fairness, is good for workplace relations and beneficial to business and the workforce,” she said.

“If an employee makes a realistic request for information at a practical time the employer should consider it.

“However, the amendment does not provide a mechanism for enforcing entitlements, negotiating more generous entitlements or a pay rise, and does not extend to questions unrelated to an employee’s employment entitlements.”

The Commission, in consultation with employer and employee groups, has developed guidelines to encourage fair and open communication in the workplace by assisting employers to develop best practice responses and helping employees understand how they can seek information.

Employees who are discriminated against for making a reasonable request for information or communicating concerns about their employment entitlements can make a discrimination complaint to the Commission.

The employer and employee fact sheets are available on the Commission’s website under the Employer guidelines or Employee guidelines sections. Employees who experience discrimination can contact the Commission’s advice line on 9281 7100.