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Freedom to Care and Whistleblowers Australia are now in 1997 jointly proposing an amendment to the ILO Convention which would offer protection to conscientious employees who blow the whistle on matters of public concern. The amendment takes the form of an addition to the section which prohibits discrimination against workers e.g. on grounds of race and sex. The proposed amendment, drafted by an eminent Freedom to Care lawyer, is marked in red in the following excerpt:
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111. CONVENTION CONCERNING DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION, 1958.
Article 1
1. For the purpose of this Convention the term 'discrimination' includes
(a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, public interest disclosure, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;
(b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers' and workers' organisations, where such exist, and with other appropriate bodies.
(c) any distinction, exclusion or preference made on the basis of the following ground which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The ground referred to is the disclosure of information by the person against whom the discrimination is directed or another where such disclosure is genuinely believed on reasonable grounds by the person disclosing it to be in the public interest.
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Freedom to Care and Whistleblowers Australia believe that the amendment has the effect of putting the onus on the employer to show that they have not discriminated / are not discriminating against the worker for exercising freedom of speech over a matter of public concern; and that it brings the ILO Convention into greater consistency with other international legislation and guidance on human and civil rights.
Freedom to Care and Whistleblowers Australia have discussed this proposal with a number of unions and they like the idea. The general feeling appears to be that it would take a very long time for the ILO to adopt such a clause, even if it regarded it favourably. However, FtC leaves this proposal 'on the table' and would welcome support from any quarter on taking it forward.
Freedom to Care