How The Legislation That Funds The Area Does Require To Be Monitored?
Special Duty Of Care Or Regulatory Requirements That Can Be Applied In The Area Of Practice?
Are Human Rights/Social Justice Frameworks The Dominant Influence Or Are There Other Policy Intentions?
What Are The Stated Intentions Of This Area Of Social Policy?
What Are The Implementation Strategies For This Policy And The Logic Behind This?
What Are The Outcome Evaluation Measures?
The main pieces of legislation that permit funds to flow to that area of practice – According to the Employment Act of Australia, it states that there are provisions that are applicable in areas where unfair discrimination is caused among the workers. The specific job that has been mentioned is the role of a director of an organization. This legislation states that discrimination should not be made among the workers while they are working in an organization together. Overall, this legislation covers the area of wages of the workers, time duration and what they are working with. The Employment Act deals with the sections of relations between the employers and the employees, trade unions, disputes, lay-off and remuneration of the employees. However, every employee and employer should not be discriminated or distinguished based on their sex, caste or religion (Management & Bisom-Rapp, 2014). Therefore, the whole act governs the area of this social work including the Fair Work Act and the Fair Work Regulations. It majorly governs the relationship of employee and employer of Australia. The Worker’s Union of Australia also deals with such strategies that are applicable in these situations (Milligan et al., 2017).
The most important legislation to regulate this area of practice – In this social work that interests the legal context is mainly governed by two legislations. Firstly, the age discrimination act and secondly the disability discrimination act. The purpose of this age discrimination act is to make sure that individuals are not treated less favorably on the grounds of age, education, employment and provision goods and services. These legislations should control the spheres of indiscrimination among the employees in an organization (Dau-Schmidt et al., 2016). These are the two most significant legislations that regulate the area of employment. The Disability Discrimination Act 1992 aims in diminishing discrimination among individuals with disability, promotes community acceptance of people with disabilities as all the other existing members of the community (Anderson, Brodie & Riley, 2017). Lastly, the purpose of this Act is to make sure that individuals with disabilities should have same rights to equality before the law along with other people in the community (Garrison, 2016). No individual involved with the association should be discriminated racially as well. Therefore, this area of practice can be regulated with these laws especially as it governs the area of this.
The framework of human rights and social justice affecting it – The Australian Human Rights Commission Act 1986 defines and explains the discrimination based on the race, color, political, age, origin, criminal record, physical disability and sexual orientation. The human rights look after these spheres and issues of employment of law. They fall under the human rights that are affected by the issues of the employer-employee relationship (Schipani, Milliken & Dworkin, 2016). The social justice also affects these issues of employment. The framework of human rights and social justice is connected with the kinds of discrimination that take place in the industries and organizations (Harten, 2016). As per the human rights, there should not be any such discrimination that will appear or occur in the employment sectors. The purpose of social justice is to take care of the individuals who are facing such trouble in the arena of discrimination at the workplace.
The legislation of Discrimination Act helps in monitoring and taking care of the issues of the various types of discrimination that takes place in such situation (Painter & Holmes, 2015). Plenty of organizations, businesses and undertakings faces problems of discrimination. Individuals are either discriminated based on their caste, sex, color or creed. The legislation of Discrimination Act exists to govern and monitor these spheres of the situation. No individual should be facing these problems at their workplace (Anderson, Brodie & Riley, 2017). If these legislations do not monitor these issues then it will never get resolved. Therefore, with the help of this legislation it can be stated that the rate and level of such discrimination has diminished (Charlesworth & Macdonald, 2015). The Acts that involve here include Racial discrimination act, Human Rights Commission Regulations, age discrimination, disability discrimination and sex discrimination. Fair Work Act also governs and monitors the process of discrimination occurring at workplaces.
The regulatory requirements are necessary that can be implied in the area of discrimination in employment. The individuals working in the undertaking should be taken care so that they are not being differentiated between the employers and employees based on the reasons (Kavanagh & McRae, 2017). The causes of such occurrence in the scenario must be prohibited by providing special duty to the persons who have been facing such problems. The persons involved with such situation should be given the adequate amount of care and therefore, the regulatory requirements can be applied. Therefore, when there is any kind of discrimination occurring at the workplace, proper duty of care must be put to use. Special duty of care is provided to the employees who face gender, sex, age and disability discrimination (Edge, 2017). The purpose of special duty is to monitor that no person is facing such trouble in the organization.
As per the Human Rights and social justice frameworks, there are dominant influences on the factors of discrimination faced by individuals in certain sectors. The purpose of it is to protect the level of indiscrimination occurring in the employment sectors (Wilkinson et al., 2018). The Human Rights Commission Act, 1986 suggests that every human being must be treated with equal respect and care when many are working together in one place. The policies of social justice influence the individuals by explaining and stating that these issues can be solved if certain legislations are applied. The aim of dominant influence and policy intentions is that it should control the issues of discrimination that arises at workplaces. Therefore, these policies should have an effect on the issues of discrimination that take place at the workplaces. The policy intention is to save the individuals from discrimination. The purpose of the policy intention is to protect the individuals from being discriminated (O’Rourke & Antioch, 2016).
The stated intentions of employment related to social policy are that no discrimination should take place in the area of employment. The legislation explains and states that no person must be discriminated and differentiated based on the factors as mentioned before (Vosko, Grundy & Thomas, 2016). As per the Acts, it can be observed that the intention of it is to apply the appropriate and suitable laws and legislation in the scenario. Therefore, the purpose and intention of social policy is to take care of the issues and discrimination that take place among the employees working in an undertaking.
The strategic implementation that can be applied in this scenario is that proper legislations and the economics laws should be applied in this situation. The aim of this is to ensure that discrimination should not occur in the field of employment (Hajkowicz et al., 2016). The strategies must be set and applied in such a way that it reduces the rate of discrimination among the individuals suffering from this.
The favourable outcome that can evaluate the measures of such situations are there shall be no kind of discrimination in any form of businesses or organizations. The outcome suggests that the laws and suitable acts are implied on the persons who were being discriminated based on the factors available (O’Rourke & Antioch, 2016). Discrimination in all the existing areas of the public life must consist of instances where an employee can be dismissed by not giving the legal entitlements to the employee. No one should be differentiated on the factors and reasons mentioned above. These measures are required to reduce the probability of discrimination appearing in the situation.
The political pressures that usually occur in such situations are that there are parties and individuals who exist to oppose and go against the existing acts and legislation. Since there are these various legislations that have been enacted for reducing the level of discrimination among the individuals at workplaces and businesses (Charlesworth & Macdonald, 2015). However, the purpose of the political parties are to create and form problems to the ones who aim to decrease the issues and cause of issues.
The political and ideological conflicts also cause problems in resolving the issues of conflict among individuals. The area of employment deals with the issues of eradicating indiscrimination. The purpose of the political and ideological conflicts is to ensure that these problems do not get solved. Plenty of individuals oppose the facts that are proposed for resolving the discriminating factors. Therefore, the political and ideological conflicts have the habit of causing trouble in the sphere of clearing out discrimination (Vosko, Grundy & Thomas, 2016). There will be conflicts in the concept of removing the concept of discrimination in the field of discrimination occurring at organizations. Policy changes must be made in area of employment as there are remaining and existing persons who face the issues of indiscrimination based on the factors mentioned above.
The intention of social justice and human rights state that individuals must have responsibilities and efficiency in removing indiscrimination among individuals existing in the employment sector. The policy made must be applied in the concept of such issues (Charlesworth & Macdonald, 2015). However, every individual should have the responsibility to not discriminate any person existing in a group based on their sex, color, age or disability. The purpose of human rights and social justice is therefore to take care of such individuals who have been facing these problems.
The empirical knowledge that has been gained from this area of social work is that no individual working in a sector together should be discriminated based on their sex, caste, creed, religion, age and other factors. There are existing legislations and acts that can be implied when there is a situation of indiscrimination. This knowledge can be gained in the area of employment.
The theoretical knowledge that can be acquired in this situation is that in the sector of employment there are certain laws that can be applied as to reduce the probability of discrimination that usually take place in the industries and other organizations.
The procedural knowledge that can be gained from this scenario is that laws and acts of the procedure must be taken into consideration. The laws that exist for the benefit of the individuals is for eradicating indiscrimination among the people working in the social area.
The self knowledge that is required is that individuals can themselves remove such kind of indiscrimination of among employees or other individuals. One must have self awareness if they witness such indiscrimination in the employment sector. Self knowledge is important is as it will help them and make them aware of the situation they have either been facing or witnessing. However, every individual must be self aware of regarding such incidents
References:
Anderson, G., Brodie, D., & Riley, J. (2017). The Common Law Employment Relationship: A Comparative Study.
Blanpain, R., & Bisom-Rapp, S. (2014). Global Workplace: International and Comparative Employment Law Cases and Materials. Wolters Kluwer Law & Business.
Charlesworth, S., & Macdonald, F. (2015). Women, work and industrial relations in Australia in 2014. Journal of Industrial Relations, management, 366-382.
Dau-Schmidt, K. G., Finkin, M., & Covington, R. (2016). Legal protection for the individual employee. West Academic.
Edge, P. W. (2017). Religion and law: An introduction. Routledge.
Garrison, J. (2016). The New Restatement of Employment Law. Judicature, 100, 30.
Hajkowicz, S. A., Reeson, A., Rudd, L., Bratanova, A., Hodgers, L., Mason, C., & Boughen, N. (2016). Tomorrow’s digitally enabled workforce: Megatrends and scenarios for jobs and employment in Australia over the coming twenty years. Australian Policy Online.
Harten, N. (2016). Disability and the employer’s duty-a comparison with Ontario, Canada: employment law. Without Prejudice, 16(7), 9-12.
Kavanagh, M., & McRae, E. (2017). Employment law: Protecting vulnerable workers amendment to fair work act. Governance Directions, 69(4), 241.
Milligan, J., Oppenheimer, D., Ross, B., & Sagafi, M. (2017). Looking Toward the Future: Different Avenues for Attacking Employment Discrimination.
O’Rourke, A., & Antioch, S. K. (2016). Workplace bullying laws in Australia: Placebo or panacea?. Common Law World Review, 45(1), 3-26.
Painter, R., & Holmes, A. (2015). Cases and materials on Employment Law. Oxford University Press, USA.
Sargeant, M. (2016). Age discrimination in employment. Routledge.
Schipani, C. A., Milliken, F. J., & Dworkin, T. M. (2016). The Impact of Employment Law and Practices on Business and Society: The Significance of Worker Voice. U. Pa. J. Bus. L., 19, 979.
Vosko, L. F., Grundy, J., & Thomas, M. P. (2016). Challenging new governance: Evaluating new approaches to employment standards enforcement in common law jurisdictions. Economic and Industrial Democracy, 37(2), 373-398.
Wilkinson, A., Barry, M., Gomez, R., & Kaufman, B. E. (2018). Taking the pulse at work: An employment relations scorecard for Australia. Journal of Industrial Relations, 0022185617748990.
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