# Can I take my former employer to a local court in Queensland for racial harassment?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-02
- Last updated: 2026-11-02
- Canonical: https://lawasked.com/au/employment-law/can-i-take-my-former-employer-local-court

## Question

I am writing because I am feeling quite lost regarding my options after being treated terribly at my previous job in Brisbane, Queensland. I worked as a junior administrator for a medium-sized logistics firm for about eighteen months, from March 2022 until I finally resigned last month, on 15 October 2023. Throughout my time there, my manager made several disparaging remarks about my cultural background in front of the whole team, specifically during our monthly staff meetings. On three separate occasions between June and August this year, he made comments suggesting that people from my heritage weren't suited for high-level labour roles in this industry. I tried to resolve this internally by lodging a formal grievance with the HR department on 2 September 2023, but they completely ignored my email and told me to just 'get on with the work'. I have kept a diary of every single incident and the exact dates they occurred. I want to seek compensation for the emotional distress this caused me, but I am not sure if I am allowed to actually start a legal case in the local state courts here in Queensland for this kind of discrimination, or if there is some other specific process I have to follow first.

## Summary

Yes, you may be able to use a Queensland state court to hear your case. Under federal law, the courts of the States are "invested with federal jurisdiction" to hear proceedings brought under the Racial Discrimination Act [cite:au-racial-discrimination-1975-sec44].

## Analysis

Based on the information you provided, your manager's comments regarding your heritage during staff meetings may constitute discrimination. Under the Racial Discrimination Act 1975, it is unlawful for an employer to treat an employee poorly due to their race or national origin. 

Regarding your specific question about where to file your case, the law allows for state courts to handle these matters. The Racial Discrimination Act states that "the several courts of the States are invested with federal jurisdiction" [1]. This means that the courts in Queensland have the legal authority to hear and decide civil proceedings that are started under this Act [1]. 

Furthermore, the Fair Work Act 2009 prohibits employers from taking "adverse action" against an employee because of their race [2]. Adverse action refers to any negative treatment or harm caused to an employee in the workplace. 

However, the provided statutes do not explicitly outline the specific procedural steps or the exact monetary limits for seeking compensation for emotional distress in a local Queensland court. While the jurisdiction exists, the law does not settle whether a local court is the most efficient or appropriate venue compared to federal options like the Federal Circuit and Family Court of Australia. You should also note that state, provincial or local law may add further rules, specifically regarding the Anti-Discrimination Act 1991 of Queensland, which you should check.

## Statutory citations

- Racial Discrimination Act 1975, Section 44 - Jurisdiction [in force] (https://www.legislation.gov.au/C2004A00274/latest/text)
  > The several courts of the States are invested with federal jurisdiction... to hear and determine civil and criminal proceedings instituted in those courts under this Act.
- Fair Work Act 2009, Section 351 - Discrimination [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > An employer must not take adverse action against a person who is an employee... because of the person’s race

---
General information only, not legal advice. See https://lawasked.com/disclaimer