Discrimination in Australian TAFE and Higher Education: The Anecdotal Evidence of Contested Matters

Abstract

A nn Shorten is Graduate Studies Advisor at the Faculty of Education, Monash University in Australia. She suggests that within adversarial legal systems contested matters can provide useful anecdotal evidence of particular instances of the operation of the law in practice. In Australian TAFE and higher education there had been 16 contested matters, 13 on aspects of employment practice. These cases suggest that where appropriate policies have been followed complainants have found it difficult to prove discrimination. Shorten also claims a strong emphasis upon conciliation tends to discourage resort to the adversarial resolution of disputes.