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Do I need to see the person who discriminated against me at conciliation?

I was sexually harassed at work and I was so distressed I had to quit. I want to sue my former boss but I have heard that before I can go to court I have to go to conciliation. I don’t want to sit in a room with him and have to talk to him! What can I do?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 24-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Anti-Discrimination
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Dodgson of [author’s firm]:

  • It is correct that before you can go to a tribunal or court you must make a complaint at your state or territory’s discrimination commission and attend conciliation.
  • However you do not need to worry. Conciliation is a very flexible process.
  • If you don’t want to be in a room with your ex-boss the conciliator can provide a ‘shuttle service’ where you sit in separate rooms and the conciliator goes between the rooms carrying your messages.
  • Alternatively you can ask to participate in the conciliation over the phone or by letters or emails.

 

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