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Safety Matters - Rail, Tram and Bus Union of NSW

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This Commission is only able to investigate complaints <strong>of</strong> discrimination in<br />

specific areas <strong>of</strong> public life. It happens when:<br />

• Someone is treated less favourably than another person; <strong>and</strong><br />

• The reason for that treatment is his or her sex, race, disability or age.<br />

You should note that it is not enough that a person is unhappy with the treatment<br />

that they have received <strong>and</strong> that he or she has a disability, or is <strong>of</strong> a particular<br />

race, sex or age. You would need to be able to show a connection between that<br />

treatment <strong>and</strong> your race, sex, disability or age.<br />

SECTION FOUR<br />

<strong>Safety</strong> <strong>Matters</strong> A Guide for Workplace OHS Representatives<br />

Under the Human Rights <strong>and</strong> Equal Opportunity Commission Act 1986 the<br />

Commission can also investigate allegations <strong>of</strong> specific types <strong>of</strong> discrimination<br />

in the area <strong>of</strong> employment <strong>and</strong> occupation, based on grounds such as:<br />

• Age<br />

• Religion<br />

• Political opinion<br />

• Sexual preference-heterosexual, homosexual, bi-sexual<br />

• Social origin<br />

• Trade union activity<br />

• Criminal record.<br />

More information is available from the Human Rights <strong>and</strong> Equal Opportunity<br />

Commissions website at http://www.hreoc.gov.au<br />

Unfair dismissal<br />

If you feel you have to resign because persistent bullying has made your life<br />

miserable at work <strong>and</strong> you feel you have no other choice, you may be able<br />

to make an unfair dismissal claim against your employer. Under Industrial<br />

Relations Law this could be considered as “constructive dismissal”.<br />

OHS Factsheets<br />

82<br />

RAIL<br />

TRAM AND BUS<br />

U N<br />

I O N

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