To establish a contravention of s 45 of the BCII Act, it is not sufficient to prove that a person was treated differently for a proscribed reason; the applicant must also prove that the conduct had an adverse impact on the person said to have been discriminated against. Caution must be exercised in transposing learning from human rights anti-discrimination legislation into the industrial law context where the phrase 'discriminate against' is not statutorily defined.
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