Emergency Management Act 2005

An employer must not victimise an employee of the employer for the reason that, or reasons that include the reason that, the employee was temporarily absent from employment because the employee was carrying out an emergency management response.

It is a defence for the employer to show that —

the absence was not reasonable having regard to all the circumstances; or

that the victimisation did not occur for the reason, or for reasons that include the reason, referred to in subsection (1).

An employer victimises an employee if the employer —

dismisses the employee from employment with the employer; or

alters the employee’s position in his or her employment with the employer, to the employee’s disadvantage; or

refuses to promote or transfer the employee; or

does not provide the entitlements referred to in section 92; or

otherwise injures the employee in his or her employment with the employer.