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Section : Example
Domain : Human Resource Management
Classification : Not Identified

Text Content


Paul is a marketing employee who made several errors on his last project. To try and address this, Paul has been placed on a performance management plan to develop his skills. However, Paul has continued to make errors while on the plan. As such, Paul's daily duties have been changed while he undergoes further training. In this example, it is not unlawful to alter Paul's employment because the reason is not based on his personal attributes, for example race, sex, age or disability. The FW Act also provides that in some circumstances, an action may not be considered discrimination. This includes where the action:

  • is permissible under Commonwealth, state or territory anti -discrimination laws
  • is based on the inherent requirements of the particular position concerned
  • is taken against a staff member of an institution run in accordance with religious beliefs, and the action is taken in good faith and to avoid injury to those religious beliefs.

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