New South Wales Consolidated Acts

COAL MINE HEALTH AND SAFETY ACT 2002 - SECT 61

61 Unlawful dismissal or other victimisation of employee

(1) An employer of any person who works at a coal operation must not dismiss an employee, injure an employee in his or her employment or alter an employee’s position to his or her detriment because:

(a) the employee participates in a consultation process required by this Act or the regulations,

(b) the employee exercises rights under this Act or the regulations,

(c) the employee performs functions or complies with duties under this Act or the regulations or assists a government official,

(d) the employee is a check inspector.

(2) In proceedings for an offence against this section, if all the facts constituting the offence other than the reason for the defendant’s action are proved, the onus of proving that the dismissal, injury or alteration was not actuated by the reason alleged in the charge lies on the defendant.

(3) If a person is found guilty by a court of contravening this section, the court may order the person:

(a) to pay the employee a specified sum by way of reimbursement for the salary or wages lost by the employee, and

(b) to reinstate the employee to his or her usual position or a similar position.

(4) Such a person must give effect to an order of the court under subsection (3).

Maximum penalty (subsections (1) and (4)):

(a) in the case of a corporation (being a previous offender)-375 penalty units, or

(b) in the case of a corporation (not being a previous offender)-250 penalty units, or

(c) in the case of an individual (being a previous offender)-225 penalty units, or both, or

(d) in the case of an individual (not being a previous offender)-150 penalty units.

Note: An employer of any person who works at a coal operation has a duty under section 23 of the Occupational Health and Safety Act 2000 not to unlawfully dismiss or victimise employees. This section imposes an additional duty.