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Parella Law (on behalf of an individual) & Australian-based multinational enterprise (property and infrastructure sector)
Lead NCPAustralia
Supporting NCP(s)United States
DescriptionSpecific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)Human rights, Employment and industrial relations
Date20 Aug 2021
Host country(ies)United States
SourceIndividuals, Business
Industry sectorConstruction
StatusConcluded
Summary

Read the Initial Assessment published by the NCP 22 December 2021: English
Read the Final Statement published by the NCP 1 February 2023: English


On 20 August 2021, Parella Law, a New York Law firm, submitted a specific instance to the AusNCP on behalf of an affected individual, alleging that an Australian-based multinational enterprise active in the property and infrastructure sector had not observed the Human Rights (Chapter IV) and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. Specifically, the issue relates to racial discrimination in the workplace, against the affected individual in this submission as well as others at the enterprise offices in New York, United States.

The AusNCP coordinated with the United States NCP on this instance.

On 22 December 2021, the NCP published an initial assessment deciding to accept the case for further consideration. Specifically, the AusNCP’s independent examiner in charge of the case worked to consider issues relating to the enterprise’s policies and procedures to address discrimination in subsidiaries, the enterprise’s actions and responses to concerns raised about treatment of the notifier, and the enterprise’s future actions or procedures regarding discrimination to improve subsidiary responses.

On 1 February 2023, the NCP published a final statement, noting that the parties had reached agreement earlier in the good offices phase, and independently of the AusNCP process. As per their agreement, the terms of the resolution remain confidential. The AusNCP thus formally closed the procedure.

As the agreement was reached independently from the AusNCP, there is no follow up planned.