Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 78

Order for damages or reinstatement

78. Order for damages or reinstatement

If an employer or prospective employer is convicted or found guilty of an
offence against section 76, the court may (in addition to imposing a penalty)
make either or both of the following orders-

   (a)  an order that the offender pay (within a specified period) such
        damages to the employee or prospective employee against whom the
        offender discriminated as the court considers appropriate to
        compensate him or her;





   (b)  an order that-

   (i)  the employee be reinstated or re-employed in his or her former
        position or, if that position is not available, in a similar position;
        or

   (ii) the prospective employee be employed in the position for which he or
        she had applied or a similar position.

Subdivision 2-Civil actions for discriminatory conduct