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Employer fails to block "rude" candidate's discrimination claim

An unsuccessful job applicant is arguing that because he was "outspoken and critical" of a recruitment process, an employer could have presumed he was involved in industrial activity and discriminated against him.

The applicant claimed that RMIT University unlawfully discriminated against him in early 2020 when it refused to employ him for one of five roles, despite the fact he was "amply qualified, skilled and experienced".

It also discriminated against him, he alleged, when it essentially banned him from applying for future vacant positions; the talent acquisition senior manager said his emails demonstrated his "attitude, values, judgement and maturity are fundamentally misaligned with our organisation", and that he wouldn't consider the applicant for future positions nor respond to his further communications.

The applicant said RMIT took these actions on the basis of his: age; employment activity; industrial activity; physical features; political beliefs; race; religious beliefs; and personal association with someone who has one of these characteristics...

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