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WHS Booklet - Business SA

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<strong>WHS</strong> <strong>Booklet</strong> Page 32Discrimination, Coercive and MisleadingConductUnder <strong>WHS</strong> some conduct is considered to be discriminatory. It is against the law to engage in discriminatoryconduct for a prohibited reason. The aim of this is to effectively allow workers and prospective workers the right toperform allowed safety-related functions or activities and to raise any workplace health and safety issues withoutfear of retribution.Discriminatory conductIt is people who are considered to be workers or prospective workers under the <strong>WHS</strong> legislation that are protectedby the unlawful act of discriminatory conduct. Conduct that is considered discriminatory involves treating someoneto their disadvantage in their position, prospective position or work arrangements.A person engages in discriminatory conduct if they:- dismiss a worker;- terminate a contract for services with a worker;- put a worker to his or her detriment in the engagement of the worker;- alter the position of the worker to their detriment;- refuse or fail to offer to engage a prospective worker;- treat a prospective worker less favourably than another prospective worker would be treated in offeringterms of engagement;- terminate a commercial arrangement with another person; or- refuse or fail to enter into a commercial arrangement with another person.Discriminatory conduct also includes taking action or threatening to take action referred to above. A person mustnot induce or coerce another person to do the above things...© Copyright/DisclaimerJanuary 2013

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