Ashish Banjit

In 2010 Ashish Banjit went for an interview to become an IST

teacher by a private high school called Redlands, Cremorne. Half
way through the interview Dr Lennox asked whether Ashish believed
in a religion or not, as Ashish explained that he was Islamic. Dr
Lennox concluded that even though Ashish was suitable for the Job
hes belief wasnt appropriate in the Catholic school and so couldnt
be hired.
The way the school is acted against Mr Ashish was unlawful and is a
breach of the Racial Discrimination (treating a person less
favourably because of factors such as gender, ethnicity, religion or
disability) Act 1975 (cwlth). This Act states that employers cannot
specify particular racial or cultural characteristics when advertising
a position and an employer cannot treat anybody seeking
employment less favourably than others in the same circumstances
because of their race, colour or national or ethnic origin (Australian
Government, 2013).
Ashish Reported to Fair Work Australia (FWA) through Fair Work
Ombudsman and the issue was investigated. A mediation (when a
third party helps those involved in a dispute to reach a solution
acceptable to both sides) occurred between the two parties with Fair
Work Australia as the mediator, Ashish was hired by Redlands as
long as he didnt practice any Islamic practices in school publicly
and supported the Catholic belief towards students. (Australian
Government, 2013)
Ashish has now been happily working at the school for 5 years and
is able to separate his beliefs when in school and work without
ethnic confliction in the school. At the start of 2015 however Ashish
was feeling intimidated and uncomfortable by a new ICT employee.
When Harold (the ICT employee) found out about Ashishs Islamic
beliefs, he started making nasty comments and acting aggressive
towards Ashish. Some examples of Harolds bullying were,
threatening Ashish and tripping and stabbing with a pen.
Bullying and harassment in the work place is against Fair Work Act
(Cth), examples of unlawful bullying is victimising, intimidating,
humiliating and threatening (Australian Government, n.d.). Ashish
can go through a grievance procedure (a number of predetermined
steps that are followed to resolve a dispute) (Chapman & Malcolm,
2013) and complain to his manager or his union (independent
Education Union) One of the organisations Ashish can also contact is
the Australian Human Rights Commission for free advice. The
commission investigatescomplaintsandhelpsfind a solution (Chapman
& Malcolm, 2013).