1. Under anti-discrimination laws:
If your complaint cannot be conciliated, or if you are dissatisfied with the conciliation process, you can decide to have your complaint heard by the Victorian Civil and Administrative Tribunal (VCAT) or the Federal Court of Australia/Federal Magistrates Court. These bodies can make a decision about whether you have been discriminated against under federal or state disability anti-discrimination laws.
VCAT hears complaints conciliated by the VEOHRC. The Federal Court of Australia/Federal Magistrates Court hears complaints conciliated by the AHRC.
If your claim of disability discrimination is successful at this stage, many remedies are available to you under the federal and state laws. The remedies include reinstatement to your employment (if you have been dismissed) and compensation for any pain, suffering, humiliation, loss of wages, medical expenses and other loss, damage or injury you suffered as a result of the unlawful discrimination.
There is no set maximum amount of compensation that can be awarded.
2. Under the Fair Work Act:
In cases of discrimination under the Fair Work Act, applications can be made to the Federal Court of Australia/Federal Magistrates Court. The Court can make orders including penalties, injunctions, interim injunctions, compensation and reinstatement. Penalties may be up to $6,600 for an individual and $33,000 for a body corporate.
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