Adverse action against designated worker
71 Adverse action against designated worker
An employer must not dismiss or threaten to dismiss a designated worker from, or prejudice or threaten to prejudice a designated worker in, employment because the designated worker is entitled to—
long service leave under section 37;
or
an amount under section 39.
Maximum civil penalty: $10 000.
Without limiting section 72(4), a court by which an employer is convicted of an offence against this section may, on application by the person against whom the offence was committed—
award compensation to the applicant for loss resulting from the commission of the offence; and
if the applicant was dismissed from employment—order the employer to re‑employ the applicant on conditions determined by the court.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.