Law – CBLAI – Meghan Case Study Assessment Answer

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Law Meghan Case Study Assessment Answer
Assignment Task:
Meghan Case Study
Meghan is a highly trained mortgage broker at ‘Corrupt Banking Loans Australia Incorporated’ (CBLAI) which has 30 branches across Australia.  The Bank’s branch on the Gold Coast Queensland, where Meghan is currently employed, has approximately 20 other staff members.  All the staff members complete a 1 hour online anti-discrimination and workplace health and safety training program annually.
Meghan has been working at CBLAI for about 2 years, having worked in the industry for over 10 years.  Ten months ago, Meghan applied for a job promotion to ‘Senior Broker’.  During the interview for the promotion she was asked what her future plans were with CBALI.   In answering the interview question, Meghan disclosed that that she was pregnant.  The HR Manager (Kate) politely cut her off and said, “Oh that’s nice, but it is not relevant to your qualifications for the job, which is what we are here to talk about today.”  As Meghan was walking out the door after the interview, she overhead one of the senior executives of CBLAI, Charles, laughing and telling a male colleague William, “Well you would never have guessed that she was pregnant, no more partying for her at that pole dancing club (‘Showgirlies’) like the good old days.”  Meghan was very disappointed when she was told the following day that she did not end up getting the job promotion.  She was not given a reason as to why she did not get the job apart from the fact that it had been decided that Bob who had similar qualifications and had been working at CBLAI for about the same period of time, performed better during his interview.  Soon after this time Meghan took maternity leave.
On her return to work on 1 March 2019, Meghan was placed in an inferior role looking after mortgage accounts worth substantially less money.  Although Meghan is still being paid the same amount in her fortnightly pay, she is not happy about being placed into the ‘new’ role.  As a result of this, on 8 March 2019 she made a complaint to the HR Manager Kate about it.  Kate simply responded that Charles and William had decided that it was what was best for the company and would also enable her to be the best mother she could be.  Meghan yesterday asked Kate whether it was possible for her to move into a part-time role.  Kate responded, “Sorry, it is very unlikely, we are just too busy, but feel free to lodge a written application.”  Today, Meghan has asked for your advice.

Question 1:

On what date was the Human Rights Act 2019 (Qld) passed by Queensland Parliament?

Is it currently possible to make a complaint under the Human Rights Act 2019 (Qld)?

Question 2:

What section of the Human Rights Act 2019 (Qld) states that individuals have human rights?

Does a company have human rights?

Question 3:

What sections of the Human Rights Act 2019 (Qld) define the term “human rights”?

What section of the Human Rights Act 2019 (Qld) makes it unlawful for a public entity to act or make a decision in a way that is not compatible with human rights?

Question 4:
According to the case summary of Green’s Case:

What two causes of action were argued by the applicant?

Who was held liable for the unlawful acts?

Question 5:
According to the case summary of Green’s case:

What are the two examples of “reasonable steps” that could be taken by an employer to avoid vicarious liability?

Was the principle for awarding compensation from the Federal Court case of Richardson v Oracle Corporation Australia Pty Ltd [2014] followed in Green’s case?

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