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Mia applied for a job in a bar but the owner, Jodie, said she did not want to employ Mia because she was married - VCE - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Question 7
Mia applied for a job in a bar but the owner, Jodie, said she did not want to employ Mia because she was married. Jodie said she was trying to attract single people ... show full transcript
Worked Solution & Example Answer:Mia applied for a job in a bar but the owner, Jodie, said she did not want to employ Mia because she was married - VCE - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Step 1
Identify the court or tribunal that has the power to hear this sort of case.
Answer
The appropriate tribunal to handle this case is the Victorian Civil and Administrative Tribunal (VCAT) in the anti-discrimination list. This tribunal is specifically designed to hear disputes related to discrimination, including employment discrimination based on marital status.
Step 2
Explain an alternative method of dispute resolution which could be used to resolve a case like this and evaluate its effectiveness.
Answer
An alternative method of dispute resolution that could be utilized in this case is mediation. Mediation involves both parties discussing their issues with the help of a neutral mediator who facilitates dialogue.
Effectiveness of Mediation: Mediation can be effective for several reasons:
- Cost-Effective: It is generally less expensive than litigation.
- Time-Saving: Mediation often allows for quicker resolutions than court cases.
- Confidentiality: Discussions in mediation are typically private, which can help preserve relationships and reputations.
- Control: Parties have more control over the outcome, as they work together to find a mutually agreeable solution.
- Preservation of Relationships: Mediation can promote amicable solutions, helping to maintain professional or personal relationships.
However, it also has limitations, such as:
- Non-Binding: If no agreement is reached, parties may still have to go to court.
- Power Imbalances: If one party is significantly more powerful, they may dominate the negotiation.
Overall, while it may not resolve every issue, mediation offers a valuable alternative to litigation, especially in employment disputes.