Law Essay - Sex discrimination law (confidential complaint process) vs defamation law - MUST BE AGLC4 referencing style

Question

Argue for the following proposition:  

 

In theory, both the complainant and the respondent to a sexual harassment complaint are entitled to principles of procedural fairness and confidentiality. However, a number of recent Australian cases have highlighted the potential for collision between sex discrimination law and defamation law. This is an indicator that the law in this area is broken and must undergo urgent reform.

 

In arguing 'for' the above statement, please be sure to:

 

(a) accurately and succinctly summarise the relevant Commonwealth law;

(b) fairly represent and address the strongest counter-arguments against your position;

(c) draw upon primary and secondary sources to support your argument, including legislation, case law, journal articles, public policy documentation and media articles.

 

- Read the following article. This article gives an idea of how the right to a confidential complaint process in the workplace was breached and Eryn Jean Norvill was dragged into the spotlight:

 

Skye Saunders, 'Duty of care: what the Geoffrey Rush Trial means in the workplace', Canberra Times, (17 April 2019) https://www.canberratimes.com.au/story/6055921/lessons-to-learn-from-rush-trial/

 

-Also read the following link for more understanding:

https://www.smh.com.au/politics/federal/when-metoo-meets-defamation-law-and-a-brutal-political-culture-20181109-p50f3j.html

 

 

(d) make sure to add a reference for every statement of law made (use footnotes)

(e) Footnotes and bibliography must abide by the AGLC4 guidelines. (I will add a copy of this document)

 

Though not compulsory, you may also choose to consider the following:

 

(d) any relevant international comparisons (for example, the way that #MeToo has played out differently in other countries); and/ or

(e) any relevant historical legal developments which might have impacted the current law/ policy and which might be relevant to your argument and for the need for future law reform.

 

Word limit 2000 words. Plagiarism will not be accepted. Please communicate with me and remain as active as possible.

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