Other Types of Discrimination (political opinion & trade union activity )
Some employees experience discrimination in the workplace because of their religion or trade union activity Discriminating against employees for these reasons is also prohibited.
Discrimination is defined as treating employees differently or treating them less favourably as compared to others in the workplace. Discrimination may be committed by imposing or proposing to impose a rule, condition, requirement, policy or procedure in the workplace that will result in a disadvantage to people with particular religious beliefs or people who engage in trade union activity.
What is discrimination based on trade union activity?
It is unlawful to discriminate based on a person’s trade union activity, this includes refusing to hire a person, dismissing a person or injuring the employee.
In David Kinsela v Sunferries Magnetic Island Pty Ltd (29 October 2004) a ferryboat captain was dismissed from work because as a union delegate, he opposed a work agreement proposed by his employer. The court found that his dismissal was an adverse action that discriminated against him for his union activity. He was reinstated to his job and awarded lost wages.
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