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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 hear this case is the Victorian Civil and Administrative Tribunal (VCAT), specifically under the anti-discrimination list. This tribunal is tasked with handling matters related to discrimination, including cases where employment opportunities are unjustly denied 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 used is mediation. Mediation involves a neutral third-party mediator who facilitates a discussion between Mia and Jodie to help them reach a mutually acceptable resolution.
Mediation is often effective because it allows both parties to express their views and feelings in a safe environment. This method can lead to a quicker resolution compared to court processes, which can be lengthy and costly. Additionally, mediation fosters communication and can preserve the relationship between the parties involved.
However, the effectiveness of mediation can depend on the willingness of both parties to participate and compromise. If either party is uncooperative or entrenched in their position, mediation may not lead to a satisfactory resolution. Moreover, the outcome of mediation is not legally binding unless both parties agree to the terms and formalize them in a contract.