Employees, protection of
44 Employees, protection of
If an employer, on the ground that an earnings appropriation order has been served on the employer in respect of the earnings of an employee, treats the employee less favourably than in the same circumstances, or in circumstances that are not materially different, the employer treats or would treat an employee whose earnings are not the subject of such an order, the employer commits an offence.
Penalty: $5 000.
If —
an employer is charged with an offence under subsection (1) that is alleged to have been committed within 6 months after the employer was served with the earnings appropriation order concerned; and
all of the elements of the offence are proved except the grounds for the employer’s treatment of the employee,
the onus of proving that the grounds for the employer’s treatment of the employee were not that the earnings appropriation order has been served on the employer is on the employer.
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