An overview of legal procedure & case law
This Division protects freedom of association and involvement in lawful industrial activities.
A person must not take adverse action against another person because the other person:
The provisions of s.346 are very similar to the provisions of ss.772(1)(b)‒(c) – meaning that if a person is not eligible to make an application for freedom of association under the general protections then the following information may also be relevant to an unlawful termination claim.
A person must not take adverse action against another person for their membership (or not) of an industrial association, and for participating (or not) in industrial activities.
An employer must not refuse to employ a person because they are a member of a union.
There are no exceptions.