Can my boss legally fire me or cut my pay because I reported discrimination?

The situation

I am currently working as a retail assistant at a large shopping centre in Melbourne, Victoria. Everything was fine until about three weeks ago, on the 14th of October, when I realised I was being treated differently because of my ethnic background. I decided to take formal action and lodged a complaint with the Australian Human Rights Commission last Monday to address the unfair treatment I have been facing from my supervisor. Since I submitted that paperwork, my manager's behaviour has changed completely. Yesterday, during our morning briefing, he explicitly told me that if I continue to 'cause trouble' with official complaints, he will find a way to terminate my employment or at least reduce my weekly overtime hours. He even hinted that my upcoming pay cheque might be docked for 'unauthorised absences' even though I have been here every day. I have already tried speaking to the HR department about his threats, but they just told me to follow the standard procedure and didn't seem to take the intimidation seriously. I am terrified of losing my livelihood just because I tried to stand up for my rights. Is it actually against the law for my employer to threaten my job or my money specifically because I have filed a complaint with the Commission?

Detailed Analysis

Based on the facts you provided, your manager's actions appear to be illegal under the Racial Discrimination Act 1975. Specifically, the law prohibits 'victimisation,' which is when someone is treated badly because they exercised their legal rights.

Because you lodged a formal complaint with the Australian Human Rights Commission last Monday, you are protected from retaliation. The law states that a person shall not "dismiss, or threaten to dismiss, another person from the other person’s employment; or... intimidate or coerce, or impose any pecuniary or other penalty upon, another person"^[1] "by reason that the other person: (e) has made, or proposes to make, a complaint under this Act or the Australian Human Rights Commission Act 1986"^[1].

In plain language, 'pecuniary penalty' means a financial punishment, such as docking your pay or reducing your overtime hours. Your manager's explicit threats to terminate your employment or reduce your weekly overtime hours because you are 'causing trouble' with official complaints directly match the definition of prohibited conduct. Furthermore, his hint about docking your pay for 'unauthorised absences' when you have been present every day would constitute an unlawful penalty^[1].

Additionally, 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 in your employment, such as cutting hours or changing your pay.

It is currently uncertain whether your manager's threats will be treated as a criminal offence or a civil matter, as the law allows for both penalties and imprisonment for these specific acts^[1].

Statutory Citations

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