Legal essay - evidences (workplace)

Gender - Wage Gap (for 2012)

WGEA Review Report 2021 - stakeholders recommend strengthening of enforcement functions and implementation of financial penalties + improvement notices and mandatory training

ABS average weekly earnings data (2022) - Men earn an average of $263.90 more than women per week

Gender - Wage Gap (2023)

London School of Economics and Political Science - employrs affected by UK legislation, narrowed wage gap by 19% on average.
Mr Willox: “the old ‘burning witches at the stake’”

Gender - Sex harassment (1984)

AHRC 2019-2020 complaint statistics - 71% of complaints under SDA.

Gender - sex harassment (2022)

Kucera v McDonald (2024) - female employee filed a sexual harassment claim to the FWC, investigated into employer’s fulfilment of positive duty and work conditions.
AHRC Respect@Work report on the Australian Border Force - 100% of women in the survey witnessed sex discrimination/sex-based harassment. Further 78% personally experiencing harassment.

Gig economy (2011)

The Guardian 2021 “Food delivery companies accused of bike safety failures” - Several instances of food delivery drivers not having working bikes nor the appropriate skills.
One delivery driver death per eleven days since 2021.

Gig economy (2022)

The NSW Point to Point Transport Commissioner’s audit report on Uber - 26% of drivers had been working shifts lasting up to 12-13 hours.

Age discrimination (2004)

AHRC 2015 National Prevalence Survey of Age discrimination - 27% of Australians aged 50 and over reported some form of age discrimination in past 2 years.

Age discrimination (2022)

Gutierrez v MUR Shipping Australia Pty Ltd (2023) - Federal Circuit and Family court found employer had committed age discrimination. Defendant awarded $90,000 in general damages + $142,215.56 for economic loss.

Parental leave (2010)

New Daily 2015 “Why Australia’s parental leave scheme is a ‘joke’” - Out of the 33 OCED (Organisation for Economic CO-Operation and Development) countries paying parental leave, Australia is one of two that does not pay a percentage of parent’s wages.
“We’re so far behind the rest of the world, it’s really a joke” (Ms Mandie)

Young people (2011) pt.1

Data from SafeWork Australia - young workers dying at a rate of one per month
SafeWork Australia “eToolkit” - “Speak Up” app, allows anonymous safety reports. Stigma of appearing “weak minded” circumvented - Mitch Opperman
Safework v LJW Solar Pty Ltd (2022) - 19 yr old electrical apprentice sustained serious injury, defendant fined 600,000 due to SafeWork NSW investigation.

Young people (2011) pt.2

ABC 2019 - ‘Does Australia have one of the least generous paid parental leave schemes in the OECD’ - 18 week scheme is well below the average length of ppl for mothers in OECD’s 36 member countries of 55 weeks.
“One of the least generous paid parental schemes amongst all OECD nations.

The media

Four Corners ‘The Price of Convenience’ - investigation revealed systematic 7/11 worker exploitation and significant underpayment, catalysed 2016 FWO report, prosecution of 7/11 resulting in $200,000 fine.

SMH ‘One of the biggest Domino’s franchisees investigated’ 2017 - investigation from Fairfax media revealed wage underpayment - federal court fined franchisees for contraventions, recovered 1,978 in back pay for 20 workers.