Subject: Request For Implementation Of Laws From Careless Behaviour Like Bullying And Harassment.

There are specific laws which are made under the act of negligence outlined by the Law Council for protecting the members of the organization for preventing against some sorts of harassment like bullying etc. But out of all these is most important is the responsibility of the employers to protect those who applied jobs to them. It is the first and foremost duty of the employer to protect the employees against all such acts. It is the common duty to take reasonable care for the health and safety of their employees to cover the additional duties under federal and state territory work health and safety legislation. For example take a legal framework like Australian Solicitors Conduct Rules and Legal Profession Uniform Conduct Rules dealing with fellow legal practitioners taking most Like the Anti-Discrimination and harassment Act.

Before giving the remedies and solutions it should clarify according to the relevant case what constitutes Bullying. Bullying includes a range of behaviours like:

Producing an offensive language
Psychological harassment
Intimidation
Giving employees meaningless jobs
Providing employees impossible jobs undermining work performance by withholding the relevant information which is likely to be disclosed.
Constant criticism or nit-picking
Overloading a person with so much of work
Criticising the employees every time

According to the present case, Section 18 C of the Racial Discrimination Act 1975, prohibits offensive behaviour which will be based on racial hatred. What constitutes offensive behaviour which will surely include an act which is more likely to offend, or insult or humiliate a person because of their race, colour or national origin. These are all results of racial discrimination. This type of discrimination also takes into consideration all the activities making derogatory comments or even in certain situations taunts about a person’s disability. In the present case Chrissie was become uncomfortable when her colleagues start talking about the different parts of her appearance describing the skin colour which is actually a part of racial discrimination. According to some reports there are surveys at large which shows out of ten there are nine employees who suffer from such problems like racial discrimination. To come out of the policies one has to consider all the laws enforced and the measures to be taken against such malpractices. The reports are actually based on the voices of people at large who had experienced a lot for at first understanding the legal framework and knowing or implementing anti-racism tool specifically designed to protect from this type of behaviour at workplace.

Coming to the Procedures and remedies for dealing with complaints of racial discrimination and vilification according to the Reports framed by the Australian Human right Commission. These reports are also prescribed by International Convention on the Elimination of All Forms Of Racial Discrimination. These are followed as such:

Seeking a mutual settlement through mediation and conciliation or the laws which are prescribed by the matter of confidentiality.
Hearing the petitions
Proposing the amendments governing by the reforms of the laws, regulations and administrative interference.

To make it more understandable there is one of the epic judgement Known as Murugesu V Australian Postal Corporation & Anor [2015]FCCA 2852. It states that an employee has been awarded compensation for the breaches or the misconduct it suffered. It was the claim of Mr Murugesu that he was subject to one of the problematic concern that is the racial abuse from one of the shift managers. The discriminatory rebuke was calling him a black bastard and stating that these bastards are responsible only to do slave jobs. And also suggest them to go back where he came from. It was observed from the Federal Court of Australia that these remarks should not be kept as casual as it is deeply abusing and these insults are based on race which automatically snatches the environment of facing the insult determined and called as racists. The findings also denotes that despite all such deeds Murugesu went to so many authorities for the investigation but nothing had be done. These complaints should be detected beforehand only. Australian Post making false claims that they take all such matters very seriously but all in vain.

There are certain policies to promote fairness and adequate transparency in order to uphold law against unfair and unjust policies. This are unjust laws which has to be kept intrack all the time and these are also known as the zero tolerance criteria for bullying and any kind of bad and unacceptable behaviour all round. There are too many solutions to be provided but the actual decision lies with the person alone for such kinds of odds which is totally unacceptable always. The important points are as under:

Be always alert to discrimination.
Understanding Anti -discrimination Laws
Organizational Policies and Structures are the must and can say one stop solution.

It is noteworthy that a person or the employer in this case can be held responsible or liable vicariously for the racial discrimination or improper behaviour. It can be said that the right to live is the utmost characteristics and have to be considered carefully. There are extreme views also those things have to be reasonably good and fair in good standards. There are certain conducts which are outlined as racial discrimination cases. The reason why it is bifurcated and explains briefly is as follows:

There would be an artistic work and can be categorized racially which though expressed as a character.
A statement and even most of the cases or say in publication there would be play or can say an issue raised as in debate discussing policy as an immigration or multicultarism for a group and in general it is found as an offensive or a slightly relative case of discrimination it will feature and voices would be raised.
Making fair and accurate report on the matter of public interest which needs to be disclosed.

Solution No 2.

Section 18 of the Australian Consumer law states that the trader should not engage in any sort of malpractice which will provide an impression to mislead or deceives consumer in its business. This is because the buyer may by confusion on believing it as a true one may rely on such statements and take decisions. These can only be relatable as false and misleading claims. This is so because the behaviour or the governing strategies affect the audiences’ behaviour a lot. It is due to the overall impression of the product or the impression it will have on the consumer and can explain the long lasting effect. This cannot be misleading or deceptive. The business and even the trader who is practically engages in providing such information or responsible for providing information which will like to deceive others by fooling and providing misleading information is that place which is of course of utmost importance. One has to be sure enough that the ideal information needs to be disclosed.

Examples: when a customer comes to you seeking advice of entering into transaction for buying an electronic item. The retail assistant provided wrong information knowing that it is misleading and cause misleading information to the client. Relying on the additional facts the customer took the decision and went into vain. This is called as misleading information. Not disclosure of information is too erroneous for the client and hence gets totally deceived.

In the present case Todd’s engage in providing promotional activities and not disclosure of its relation will lead to suppression of material facts which is likely to cause confusion which will going to deceive other erosion or totally misleading. So Todd will be found guilty of such misconduct. It is to be noted that The Real Health Pre-Prepared Meals does not provide any kind of sub-standard food products which will prove deterioted for the audience or a malpractice defeating the very purpose of the welfare substance to the public. Just not disclosing the fact that Todd receiving remuneration for the service rendered to will not amount to suppression of facts and cannot be void. So the allegations regarding any sort of malpractice or misleading public at large is not so correct. It is the onus of both the company and the trader or retailer to provide all the material facts that any malpractice has occurred or not so promotional activities is a part of trade and hence be not distributed as any other category or definition.

Referencing

Sources taken from Law Council of Australia: Bullying and harassment in the workplace. Most of the cases and reports have taken from the Australian Rights Commission stating views on Racial Discrimination. Dr. William Jonas on Race discrimination: Procedures and remedies for dealing with complaints of racial discrimination and vilification. Peter Anderson (2022) {Queensland University of Technology}: A short note on Racism at Work: a call to anti- racist action for Australian Organizations.

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