Health and Safety at Work Act 2015

Subpart 5—Prohibition of adverse, coercive, or misleading conduct

88 Meaning of adverse conduct

(1)

For the purposes of this subpart, a person engages in adverse conduct if—

(a)

the person—

(i)

dismisses a worker who is an employee; or

(ii)

terminates a contract for services with a worker; or

(iii)

refuses or omits to employ or engage any person on work of any description that is available and for which that person is qualified; or

(iv)

refuses or omits to offer or afford to the worker the same terms of employment or engagement, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available to other workers of the same or substantially similar qualifications, experience, or skills who are employed or engaged in the same or substantially similar circumstances; or

(v)

subjects the worker to any detriment, in circumstances in which other workers employed or engaged by the person on work of that description are not or would not be subjected to such detriment; or

(vi)

retires the worker, or requires or causes the worker to retire or resign or terminate a contract for services; or

(b)

the person terminates a commercial arrangement with another person; or

(c)

the person refuses or fails to enter into a commercial arrangement with another person.

(2)

For the purposes of this subpart, a person also engages in adverse conduct if the person organises to take any action referred to in subsection (1) or threatens to organise or take that action.

(3)

For the purposes of subsection (1)(a)(v), detriment includes anything that has a detrimental effect on the worker’s employment or engagement, job performance, or job satisfaction.

Compare: Model Work Health and Safety Act (Aust) s 105