Employers not to prejudice employees because of action under this part
92 Employers not to prejudice employees because of action under this part
An employer must not, because another person is an enforcement debtor—
refuse to employ or pay earnings to the person; or
dismiss, or threaten to dismiss, the person from employment; or
terminate or threaten to terminate the payment of earnings to the person; or
prejudice or threaten to prejudice the person in the person’s employment or otherwise in the receipt of earnings; or
intimidate, coerce, impose a money or other penalty on, or take any other disciplinary action against, the person.
Maximum penalty—100 penalty units or 2 years imprisonment.
On the conviction of an employer for an offence against subsection (1), the court may, whether or not it imposes any penalty for the offence, make either or both of the following orders—
order the offender to pay compensation to the enforcement debtor for loss or damage suffered because of the offence;
order the taking of action to remedy or reduce the loss or damage suffered by the enforcement debtor because of the offence.
The enforcement debtor may recover compensation ordered to be paid under subsection (2)(a) as a debt.
Subsection (2) does not limit the powers of a court under the Penalties and Sentences Act 1992, part 3, division 4.
This Act’s bill:Explanatory memorandum
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