Useful Definitions

duty of care

Employers have a common law duty of care for the physical and psychological health and safety of their employees. This common law duty of care is reinforced by occupational health and safety legislation.

pregnancy and potential pregnancy discrimination - direct

Direct pregnancy and potential pregnancy discrimination takes place when a woman is treated less favourably because she is pregnant or could become pregnant

pregnancy and potential pregnancy discrimination - indirect

Indirect pregnancy and potential pregnancy discrimination takes place where there is a requirement, condition or practice that disadvantages pregnant or potentially pregnant women. It will not be discriminatory if the requirement, condition or practice is reasonable in the circumstances.

pregnancy based harassment

People can be harassed on the basis of pregnancy or potential pregnancy. Unwelcome workplace actions, behaviour, language and decisions, that result in offense, humiliation or intimidation are covered, be they written, visual, oral or physical. The incidents may also be deemed sexist harassment or sexual harassment depending on the nature of the circumstances.

sex discrimination - direct

It is direct sex discrimination to treat a person, or group of people less favourably due to the following characteristics or circumstance – sex, pregnancy, potential pregnancy, marital status, family or carer responsibilities. Harassment on the basis of any of these grounds, as well as sexual harassment can also fall under direct sex discrimination (see sex-based harassment and sexual harassment).

sex discrimination - indirect

Indirect sex discrimination is the outcome of the application of a policy, rule, condition, practice or decision that may appear fair and neutral at the outset, but results in one person or a group of people, being treated less favorably or suffering more detriment than another group due to sex, pregnancy, potential pregnancy, marital status, family or carer responsibilities.

sexual harassment

Sexual harassment is any unwelcome sexual advance, or request for sexual favours, or any other unwelcome conduct of a sexual nature, be it written, visual, oral or physical, that makes a person feel offended, humiliated, or intimidated, and where that action is reasonable in the circumstances.

victimisation

To victimise is to subject a person to any physical harm, detriment or threat because the person, in relation to any sex discrimination, sex-based harassment or sexual harassment matter

• has made a complaint,
• is proposing to make a complaint,
• has made a complaint on behalf of another person,
• has acted as a witness to a complaint,
• is planning to act as a witness to a complaint, or
• has been a support person for a complainant.

workplace

A workplace is a place or venue at which a workplace participant (see below) works or performs the functions that they are engaged to undertake, including for example a building site, an office, a ship, a restaurant, a plane, an educational institution, a hospital, a retail outlet, a medical surgery or a television studio.

workplace participant

An employer, board member, manager, supervisor, employee, volunteer worker, commissioner agent, contract worker, consultant working on site, or partner in a partnership will qualify as a workplace participant. A person’s employment status i.e., whether they qualify as full-time, part-time, temporary, casual, an apprentice or a trainee is irrelevant.

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