Most of the dismissals we deal with have been blatantly unfair. Exacerbating the problem has been the continual withdrawal of resources from the Anti-Discrimination Board which now, says Dawson, takes up to 12 months to open a file. The Industrial Commission was slowing down for the same reason, but it has been better endowed recently and is showing a definite improvement. It depends on the quality of the legal advice they're given. If their advisers are from the top end of town, litigation is a likelier outcome.
Proof is always a problem in sex discrimination complaints.
There are often no witnesses and we have trouble establishing the facts. We may have to call on an interpreter, either by phone or in person. We give the initial advice free. Then if we decide the case should be run we'll accept it as a pro bono matter or on a contingency basis. Where appropriate, articulate and confident clients are coached in techniques and encouraged to self-represent, at least at the beginning of a dispute.