XN000022-1994-10-14 — Page 22

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FRIDAY, OCTOBER 14, 1994

"WITH SUCH PROVISIONS IN THE BILL, IT WILL BE ILLEGAL FOR AN EMPLOYER TO DISCRIMINATE AGAINST A PERSON, ON THE GROUND OF HIS OR HER SEX, PREGNANCY OR MARITAL STATUS IN MATTERS RELATING TO RECRUITMENT, TERMS OF EMPLOYMENT, REMUNERATION, PROMOTION AND TRAINING.'

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THE BILL ALSO RENDERS UNLAWFUL DISCRIMINATION BY WAY OF VICTIMISATION. "THIS MAY OCCUR, FOR EXAMPLE, WHERE AN EMPLOYEE WHO HAS ASSERTED HER RIGHTS UNDER THE BILL IS SUBSEQUENTLY SUBJECT TO UNFAVOURABLE TREATMENT BY HER EMPLOYER AS A CONSEQUENCE OF THE ACTION TAKEN UNDER THE BILL.

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"TO OVERSEE THE IMPLEMENTATION OF THE SEX DISCRIMINATION LEGISLATION, THE BILL PROVIDES FOR THE ESTABLISHMENT OF A STATUTORY BODY, THE EQUAL OPPORTUNITIES COMMISSION."

"THE COMMISSION WILL HAVE TO PERFORM A WIDE RANGE OF IMPORTANT FUNCTIONS ALL POINTING TOWARDS THE ULTIMATE GOAL OF ACHIEVING EQUAL OPPORTUNITY BETWEEN THE SEXES," HE POINTED OUT.

IT WILL WORK TOWARDS THE ELIMINATION OF SEX DISCRIMINATION AND SEXUAL HARASSMENT; PROMOTE EQUALITY OF OPPORTUNITY BETWEEN THE SEXES: AND INVESTIGATE COMPLAINTS AND ENDEAVOUR THE SETTLEMENT OF THE MATTER IN DISPUTE BY CONCILIATION.

"IN LINE WITH ITS RESPONSIBILITY ΤΟ PROMOTE EQUALITY OF OPPORTUNITY BETWEEN MEN AND WOMEN, THE COMMISSION WILL CARRY OUT PUBLIC EDUCATION PROGRAMMES TO PROMOTE GENDER EQUALITY AND CONDUCT RESEARCH INTO GENDER-RELATED ISSUES.

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THE COMMISSION WILL BE EMPOWERED TO DEVELOP AND ISSUE CODES OF PRACTICE IN CONSULTATION WITH RELEVANT ORGANISATIONS. THESE CODES WILL PROVIDE PRACTICAL GUIDANCE TO ASSIST MEMBERS OF THE COMMUNITY TO COMPLY WITH THE LEGISLATION.

"SINCE THE LEGISLATION WILL HAVE A MAJOR IMPACT UPON THE EMPLOYMENT SECTOR, IT IS INTENDED THAT THE PROVISIONS PERTAINING TO EMPLOYMENT WOULD COME INTO FORCE WHEN THE CODES OF PRACTICE IN RESPECT OF EMPLOYMENT MATTERS HAVE BEEN DEVELOPED AND ISSUED," MR SUEN SAID.

HE EMPHASISED THAT UNDER THE BILL, THE COMMISSION WILL BE REQUIRED TO CONSULT BOTH EMPLOYER AND EMPLOYEE ORGANISATIONS IN DRAWING UP SUCH CODES.

HIGHLIGHTING THE STRONG CONCILIATION ROLE OF THE COMMISSION, MR SUEN SAID THE COMMISSION WAS EMPOWERED UNDER THE BILL TO INVESTIGATE COMPLAINTS, AND IT MAY, FOR EXAMPLE, REQUIRE PARTIES RELEVANT то A COMPLAINT TO ATTEND CONFERENCES WITH A VIEW TO RESOLVING THE MATTER BY CONCILIATION.

"WHERE CONCILIATION FAILS, THE COMMISSION MAY PROVIDE ASSISTANCE IN RESPECT OF PROCEEDINGS BEFORE THE DISTRICT COURT.

"THE COMMISSION WILL ALSO HAVE THE POWER UNDER THE BILL ΤΟ CONDUCT FORMAL INVESTIGATIONS ON ITS OWN INITIATIVE OR UPON THE REQUEST OF THE CHIEF SECRETARY. THE COMMISSION WILL PREPARE AND PUBLISH OR MAKE AVAILABLE FOR PUBLIC INSPECTION A REPORT ON ANY FORMAL INVESTIGATION IT INITIATES.

/"THE COMMISSION