Question

You must answer this question using the ILAC (Issues, Law, Application and Conclusion) method.

Boris Johnstoned is 65 years old and works at the Brisbane branch of ‘British Bank’, as a qualified senior accountant. He has been working for the bank as an accountant since he graduated from Oxford University, in England during the late 1970’s. He enjoys his job, and recently decided that he would like to keep working until at least 70 years of age because his superannuation fund has been performing poorly. Furthermore, he does not like the idea of retiring and looking after his 5 grandchildren, whom his wife likes to regularly babysit at their house.

Last month, Marshall Trump was appointed as Boris’s manager. Boris is disappointed that he did not receive the promotion to manger. Boris recalls Marshall starting in a graduate position at the bank less than 3 years ago and is shocked by how quickly he has become the manager. Boris believes that it is probably because Marshall often breaks his promises about pay rises to junior employees, saving the bank money. Furthermore, he is often very rude to people and always considers cutting costs and how to save the budget.

Due to some dangerous hold-ups (robberies) at their Brisbane branch the bank recently installed a very expensive swipe and passcode security system. It requires all employees to swipe their ID cards through a machine and punch in a code to enter the bank premises and to pass from one area of the office to another. Furthermore, the bank has decided that employees have to be able to run to a safe room at the back of the building if there is an armed (guns) hold-up. Unfortunately, Boris recently caught a very serious virus leaving him confined to a wheelchair. He now has difficulty controlling movements in his hands and is not able to meet the new security requirements. As such, two weeks ago Boris complained to his manager Marshall who said that there was nothing he could do about it now, as the system was already in place and it had cost the bank a lot of money. Boris then threatened to make a discrimination complaint under the Anti-discrimination Act 1991 (Qld), if the new security requirements were not changed. Yesterday, Boris was told that for security reasons, he will now have to work at the bank’s Gold Coast office or retire. Moving to the Gold Coast office would mean that Boris would need to travel at least another hour per day.

Advise Boris as to whether he can pursue any legal action, and if so, what remedies might be available to him, using only theAnti-discrimination Act 1991 (Qld) and the common law.

Answer 1

Issues: Whether the employer decision amounts to discrimination at workplace or discrimination by worker?
Law : Anti discrimination Act 1991 -   115: Discrimination by worker or agent
If discrimination by a person or body is unlawful under this chapter, discrimination by a worker or agent of such a person or body is also unlawful.
116 : Discrimination by member of industrial, professional, trade or business organisation
If discrimination by an organisation of workers, employers, or people who carry on an industry, profession, trade or business is unlawful under this chapter, discrimination by a member of such an organisation is also unlawful.
Application: the case of Borris , is clearly a Direct discrimination, and it means  treating a person less favourably than another who lacks the protected characteristic, is always unjustified and unlawful, As per the above mentioned provisions , its clear that It is illegal to discriminate against someone in workplace.It is illegal to discriminate against someone on the basis of characteristics including:impairment. Conclusion : As per Queensland law the issue can be referred for a formal hearing in:

• The Queensland Industrial Relations Commission (QIRC)—for work-related complaint