Can you spot the difference between these two designs? Workers asked to edit shirt design to make the women “look less black”
Sexual Harassment
Adero law is investigating allegations of sexual harassment within the United Workers Union as well as concerns that have been raised about the lack or inadequacy of investigations that have been conducted into these allegations.
Sexual harassment is defined as an unwelcome sexual advance or request for sexual favors and any other unwelcome sexual conduct. At law sexual harassment can include but is not limited to:
- inappropriate physical contact, such as unwelcome touching
- staring or leering
- a suggestive comment or joke
- a sexually explicit picture or poster
- an unwanted invitation to go out on dates
- a request for sex
- intrusive questioning about a person’s private life or body
- unnecessary familiarity, such as deliberately brushing up against a person
- an insult or a taunt of a sexual nature
- a sexually explicit email or text message.
If you or someone you know has been the victim of sexual harassment, please contact us for a confidential and anonymous discussion.
Racial abuse and discrimination
Adero law has been made aware of the existence of a number of allegations of racial abuse and discrimination against individuals based on their race, country of origin and/or ethnic background which have not been investigated or otherwise have been determined not to have been substantiated by internal investigations.
At law, racial discrimination occurs when a person is treated less favorably because of their color, nationality, descent and ethnic, ethno-religious or national origin.
Racial discrimination can include but is not limited to:
- making derogatory or offensive comments, jokes, or gestures about someone’s race.
- Not speaking to or excluding some employees from events because of their race.
- Paying employees differently based upon their race.
- Not hiring someone because of their race.
If you or someone you know has been the victim of racial abuse or discrimination, please contact us for a confidential and anonymous discussion.
Adverse action on the basis of political opinion
Adero Law has been made aware of a requirement that all staff who work for the union become members of the Australian Labor Party and that they have been directed to undertake unpaid overtime which involves volunteering on campaigns for the Labor party and members of its left faction. In some instances, this direction has seen employees be directed to perform during peak periods between 17 and 20 hours of unpaid work each week for the benefit of the Australian Labor party. We understand that employees that did not comply with this direction were liable for retaliation in the workplace and adverse action was taken against them because of the political opinion of the individual.
Adverse action occurs when an employee is discriminated against which simply means to treat them differently to other employees on the basis of a restricted characteristic such as their political opinions and that could include firing them or altering their pay and conditions.
Political opinions can include whether someone is a member of a political party, whether they have campaigned on any political issues and any views they may have about politics and government. As an employee you have the right to hold an opinion, and no action should be taken against you because of a political opinion you hold or whether you engage in political campaigns.
If you believe you have had adverse action taken against you or someone you know, please contact us for a confidential and anonymous discussion.
Bullying and Harassment
Adero Law has been made aware of a culture of bullying and harassment in the United Workers Union. Bullying in the workplace is not acceptable and it occurs when a person or group of people repeatedly behave unreasonably towards another worker or group of workers and the behavior creates a risk to health and safety. Bullying can include but is not limited to:
- behaving aggressively towards others
- teasing or playing practical jokes
- pressuring someone to behave inappropriately
- excluding someone from work-related events
- unreasonable work demands.
If you believe you or someone you worked with has been bullied in the workplace, please contact us for an anonymous and confidential discussion.
Workers’ Compensation
We have been made aware that a high level of individuals in the union have in the previous three years have sought workers compensation entitlements. We are aware that the previous seven workers’ compensation claims for bullying or harassment and/or mental health injury have been denied by the requisite insurer.
Whilst it is not Adero Law’s position to assist in workers compensation matters this firm is considering whether appropriate actions have been taken by insures in investigating instances of bullying and harassment and/or whether there has been an improper influence on the workers compensation decision making process. If you are on workers’ compensation or have had your application denied, please contact us for further discussion.
Next Steps
Adero Law anticipates commencing proceedings in the Human Rights Commission before the end of November 2024 in connection with the allegations of sexual assault and will also file racial discrimination and sexual assault claims before the Commission in December 2024. In relation to the political opinion of employees, Adero Law is investigating whether it is appropriate to proceed with a class action against UWU to ensure that individuals that have been discriminated against are properly compensated or reinstated or in the alternative that there be a declaration that political opinion is not a permissible factor for the future employment of union officers.
Adero Law’s commitment to the union movement
Adero law considers the role of the union movement to be paramount in Australia and that unions have achieved substantial victories for workers in Australia. However, that does not mean that unsafe workplaces and/or discriminatory practices can go without proper investigation and remediation. It is Adero Law’s sincere hope that any claims can be appropriately resolved and identified without it undermining the good works of the union generally.
Frequently Asked Questions
We are investigating sexual assault, racial abuse and the taking of adverse action against employees on the basis of political opinion nationwide. While our investigations are nationwide, we are very concerned about the Western Australia and Queensland offices which we understand to have a more toxic culture than other states. So, if you work for any UWU office across the country we would like to hear from you and to investigate any concerns that you raise.
Adero Law offers this service currently on a no win no fee basis. We are currently seeking registrations and to the extent any legal matters progress and an individual may be involved in that legal matter Adero Law will present a retainer on a no win no fee basis and will provide the necessary cost disclosures prior to any legal services being performed. Please ensure you register your interest to enable us to keep you up to date with these matters.
Adero Law treats confidentiality as a paramount concern and understands the very real concerns that there may be retaliation in the workplace for taking these positions. If there is retaliation against employees who raise concerns, Adero Law will take steps to stop the behavior or seek injunctions. In all circumstances, Adero Law will not release confidential information, including your name, to any third party without your consent and only where it is necessary should proceedings be required. Adero Law is otherwise bound by privacy principles in Australia.
Adero is investigating the behavior of current and former employees and senior personnel of the union so if you no longer work for the union but have witnessed any of the behavior above and bullying more broadly, we would like to hear from you.
While Adero Law is taking registrations in relation to the United Workers Union, Adero Law would still like to speak with you and will be able to provide confidential advice on how to proceed with these matters. If you would like to obtain such advice, please email enquiries@aderolaw.com.au.