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by Costa Brehas

It is fair to say that South Africans love a challenge. The migration and re-location experience is one of the toughest challenges that many South Africans who decide to come to Australia will face. Having overcome this experience, there are a number of non-conformists who, having tasted the thrill of an unstable lifestyle, yearn for further challenges.

The Australian workplace is the perfect terrain for these non-conformists to explore a range of options which will assist them in achieving their objective of further instability. The obvious avenue open to them is to do something that would amount to serious misconduct (if the non-conformist is an employee) or, to unfairly dismiss staff (if the nonconformist is an employer). These options are, however, far too simplistic for these individuals who would much prefer to expose themselves to the more intricate areas of discrimination/sexual harassment in the workplace.
Ignorance is bliss

With the multitude of federal and state legislation in Australia dealing with discrimination and sexual harassment what better way is there to invite a claim under these laws than to completely ignore them or not seek to understand them? It would be far easier to disregard the fact that in Victoria alone 75% of the complaints received by the Equal Opportunity Commission in 2006/2007 related to employment and that the most common form of these complaints involve the following:
  • disability discrimination;
  • sexual harassment;
  • gender/sex discrimination;
  • race discrimination; and
  • victimisation

Non-conformists who are interested in this area would be pleased to know that in addition to risking their jobs or businesses they face the risk of being personally sued by those employees who they have discriminated against or sexually harassed. Furthermore, this risk extends to certain conduct that takes place outside of the workplace and outside of ordinary working hours. After all, it is the festive season and the traditional office parties during this time are an ideal place to encourage these types of claims. Some of the most common techniques which non-conformists have successfully used in this area are set out below.

Tips for non-conformist employees
  • Do not bother reading any equal opportunity or discrimination policy t h at your employer may give you.
  • Feel free to share your adult jokes with other staff without considering whether they may be offended by them.
  • Refuse to serve customers who you may dislike because of their age, gender, physical features or any of the other attributes listed in the variousdiscrimination legislation.
  • Allow yourself to lose your inhibitions at social office functions that take place outside of office hours by becoming more intimate with employees who you fancy.
Tips for non-conformist employers
  • Do not implement an equal opportunity and discrimination policy in the workplace.
  • If you do have such a policy in place do not bother educating your staff about its contents or taking any steps to enforce the policy if any discrimination/ sexual harassment complaint is brought to your attention.
  • When advertising for employees or interviewing candidates for a job feel free to indicate that you would prefer them to be of a particular age, sex or nationality. Let them know if you would prefer them not to have children or ill family members who they may need to care for.
  • Another cunning strategy is to impose conditions in your workplace which indirectly discriminate against some employees (e.g. offer bonuses to employees provided they have not applied for any leave other than annual leave – this will prevent employees who apply for parental leave or personal l e ave from qualifying for this bonus).
  • If you are faced with pesky requests from workers who ask for flexible working arrangements to accommodate their carer's commitments let them know that if they are not happy with their working conditions they can “voetsek”.
  • Do not waste precious business time by monitoring your workplace to determine whether a discriminatory culture is developing. If this culture exists you are likely to hit the litigation jackpot soon. Just sit back and look forward to the challenge of defending the ostly discrimination or sexual harassment claims which are bound to be brought against you and your employees.

One final suggestion for those who decide to adopt the techniques in this article – find yourself a good lawyer who would be happy to assist you in your new adventure! Until next time, Season's Greetings to all and Best Wishes for 2009.

Posted in business |
Posted by Costa Brehas
19 Dec 2008

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Snoopy Dance | You are correct, Mr. Willis. Blacklisting and cerisnohsp is done by cowards. However, while blacklisting requires two parties one making the list and one legitimizing the list cerisnohsp only relies on the power exerted over ideas by the controlling party of the medium being censored. Both are an affront to all that America represents, no matter who is doing either.The NRA is a prime example of blacklisting. The NRA loses credibility as a political force with every drop of bile that drools from LaPierre's pie hole. The NRA will no longer have any political clout very, very soon and can get back to the principles it was founded on when it's members, and the cowardly political puppets, just start ignoring its politics, as is happening daily. It's the useful idiots the NRA panders to the most.To Void, all I can say is that once again, the typical right winger is flinging the accusation and planting the seed just as Bachmann's Muslims, King's Communists, Graham's Conspiracies and pretty much everyone on Faux Noise and right wing blogs daily. You know, the How do we know Hagel didn't get money from making speeches to the North Koreans? Really? REALLY? B b but I added a caveat of I have no proof but I'm going to continue with a list of outrageous accusations anyway and see if this dude knows how to disprove a negative. Plant the seeds in the Congressional Record and let's go giggle like prepubescent boys in the mens room. Is this how the Republican Party wants to be viewed? Fling it and see what sticks? Censorship through intimidation? Blacklisting through insinuation?
Rating: 2 / 5
by Hamid on 28 Oct 2015

Good and free advise for all immigrants in Australia ! It is obviously written by an expert! Well done!
Rating: 5 / 5
by Milano on 19 Mar 2009

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