• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

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  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

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  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

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  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

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  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.

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ENQUIRE

There are major changes expected to workplace sex discrimination law.

The government is currently debating a bill, which if passed, will place obligations on employers to eliminate sex discrimination. These changes come in the wake of high sex discrimination payouts ordered by the Courts.

In this article, we detail the most significant changes which are set to be imposed.

  1. The Introduction of Hostile Workplace Environments

Workplace discrimination will be widened to include “hostile workplace environments”. This means that employers will have an obligation to eliminate, so far as is possible, discrimination which subjects persons to workplace environments that are hostile on the grounds of sex.

A workplace environment will be hostile if:

  • Conduct occurs in a workplace;
  • The victim is in the workplace at the same time or after the conduct occurs;
  • A reasonable person, having regard to all the circumstances, would have anticipated the possibility of the conduct resulting in the workplace environment being offensive, intimidating or humiliating to a person of the sex of the victim.

It’s important to recognise that the conduct does not have to actually affect the workplace environment. All that is required is that it had the possibility of doing so.

  1. The Introduction of a Positive Duty on Employers

There will be new provisions which place positive duties on employers to eliminate sex discrimination. These duties are far more onerous and burdensome than any obligations on employers under the current scheme.

Eliminating unlawful sex discrimination requires employers or any person conducting a business to take reasonable and proportionate measure to eliminate, as far as possible, unlawful discrimination on the grounds of sex. This includes discrimination in offering a position to an employee or a contractor, the terms on which an employee or contractor is engaged, sexual harassment and acts of victimisation (which includes threatening a victim).

  1. Additional Powers Given to Australian Human Rights Commission (AHRC)

The AHRC will be afforded wider powers and functions to monitor the compliance. The AHRC will be able to investigate an employer’s compliance with their positive duty. During the course of an investigation, an employer will be afforded an opportunity to respond. The AHRC will then make a final decision, which could include issuing a compliance notice. A compliance notice will set out orders which the employer must comply with and the evidence they must produce to prove their compliance.

The AHRC will also be responsible for creating guidelines which will explain the new law and what employers should implement in their businesses. These guidelines will contain far more detail than the information we currently have on the new law.  We expect these guidelines to be released shortly after the law is passed.

If you are concerned about your compliance with the new law or the existing sex discrimination laws, please contact a lawyer at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

 

Posted by Taurus Legal Management