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31 Int'l J. Comp. Lab. L. & Indus. Rel. 27 (2015)
Role of Mandatory ADR and Agency Engagement in Resolving Employment Discrimination Complaints: An Australian Perspective, The

handle is hein.kluwer/cllir0031 and id is 31 raw text is: The Role of Mandatory ADR and Agency Engagement in Resolving Employment Discrimination Complaints: An Australian Perspective Therese MACDERMOTT* Many jurisdictions strggle with the challenrge of hou to make their processes accessible, fair, and cost-effective when dealing with employment discrimination complaints. This article examines this problem from an Australian perspective, in the light of comparable arrangements and recent legislative initiatives in the United Kingdom. Much tf the emphasis has been on the implementation of mandatory Alternative Dispute Resolution (ADR) processes. While critiquing the 'atekeeping' role of ADR processes in this context, this article contends that the engayement by human rights and other agencies, and the advice and assistance made available to individuals, is of equal importance in facilitating the resolution of employment discrimination complaints. 1 INTRODUCTION This article examines the institutional structures and practices involved in resolving employment discrimination complaints in Australia, and evaluates them against comparable arrangements and recent legislative initiatives in the United Kingdom (UK). The two jurisdictions share a common aspiration to establish accessible, fair, and cost-effective mechanisms for dealing with employment-based discrimination complaints, but struggle with how best to implement this in practice. This article assesses the impact of the fragmentation of the Australian system into multiple pathways, and contrasts this with the employment tribunal focus of the UK system. It also analyses the place of mandatory Alternative Dispute Resolution (ADR) as a precursor to court or tribunal proceedings in each jurisdiction. While this has been a long-standing feature since the inception of the Australian conciliation and arbitration system, this 'gatekeeping' function is increasingly being questioned. As from May 2014, UK Employment Tribunal claims are not accepted without evidence of a prior referral to the Advisory Conciliation and Arbitration Service (ACAS) and the issuing of a conciliation Macquarie Law School, Maquarie University, Australia. therese.macderinott@inq.edu.au. MacDermott, Therese. 'The Role of Mandatory ADR and Agency Engagement in Resolving Employment Discrimination Complaints: An Australian Perspective'. Thie International Journal qf Comparative Labour Law and Industrial Relitions 31, no. 1 (2015): 27-46. © 2015 Kluwer Law International BV, The Netherlands

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