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Legal update

Trade union activity provisions amended - September 2007

The Justice and Other Legislation Amendment Act 2007 (No 37 of 2007) made amendments to the Anti-Discrimination Act 1991, with effect from 28th September 2007.

The significant change is the removal of sections 14(2) and 15(2), which limited the ability of the Commission to deal with complaints of discrimination on the basis of trade union activity in the work and pre-work areas if the Freedom of Association provisions of the Industrial Relations Act 1999 applied.

The Commission is now generally able to accept complaints of trade union activity in the work and pre-work areas.

However, if the alleged discriminatory conduct occurred before 28 September 2007, sections 14(2) and 15(2) will still apply.

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