Coercion – allocation of duties to particular person

 

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Section 355

A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce the other person, or a third person, to:

  1. employ, or not employ, a particular person; or

  2. engage, or not engage, a particular independent contractor; or

  3. allocate, or not allocate, particular duties or responsibilities to a particular employee or independent contractor; or

  4. designate a particular employee or independent contractor as having, or not having, particular duties or responsibilities.

What is the protection?

A person cannot take action which will force another person to make specific business decisions which they would not otherwise make.

Example

A union representative must not threaten to organise industrial action to force the employer to only employ members of the union in the future.

Are there exceptions?

There are no exceptions.

Updated time

Last updated

15 June 2018

 

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