It is unlawful for an employer to engage in, condone or allow to occur any conduct adverse to the employee by reason of:
- race;
- failure to give the employee the required notice or payment instead of notice;
- temporary absence from work because of illness or injur;
- family responsibilities of the employee (i.e. sick children);
- refusing to negotiate in connection with, make, sign, extend, vary or terminate an AWA;
- trade union membership;
- non-membership of a trade union;
- colour;
- seeking office as, or acting or having acted in the capacity of, a representative of employees;
- sex;
- sexual preference;
- age;
- physical or mental disability;
- marital status;
- religion;
- political opinion;
- national extraction or social origin;
- pregnancy;
- the filing of a complaint, or the participation in proceedings, against an employer;
- absence from work during maternity leave or other parental leave;
- temporary absence from work because of the carrying out of a voluntary emergency management activity;
- a workers compensation claim; or
- discrimination.
If the worker wins in Court, the Court can order the employer pay a fine up to $10,000 or where there has been a failure to notify the Centre Link, a fine of $1,000 plus an order:
- not to terminate employment or order the employer to give the worker back their old job (reinstatement);
- make the employer pay the worker compensation; and
- make other orders necessary to remedy the effect of such a termination.
Follow the discrimination link to find more examples of unlawful conduct.
Follow the unfair link to find out more about unfair conduct.