In the realm of work health and safety (WHS), discriminatory, coercive, or misleading conduct can lead to criminal and civil actions against an individual. Part 6 of the Work Health and Safety Act 2011 (WHS Act) explicitly prohibits such conduct concerning WHS matters, ensuring that individuals can actively engage in WHS roles, activities, or voicing concerns without the fear of discrimination, coercion, or misinformation.
Discriminatory conduct, as outlined in Part 6 of the WHS Act, involves treating someone to their disadvantage in their current or potential position or work arrangements. This provision prohibits individuals or businesses from engaging in discriminatory conduct against a person based on their WHS roles or activities.
Examples of discriminatory conduct encompass actions such as terminating a worker, ending a service contract with a worker, unfavorably altering a worker's position (e.g., reducing their salary or demoting them), treating a worker differently from others, refusing to hire someone, offering less favorable terms to a prospective worker, or terminating a commercial arrangement (e.g., a contract to supply materials to a workplace or a sub-contracting arrangement).
By incorporating these provisions, individuals are safeguarded against discriminatory, coercive, or misleading actions, fostering a workplace environment where active involvement in WHS activities is encouraged and protected.