OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 78 Order for damages or reinstatement

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 78

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.

Pt 7 Div. 9 Subdiv. 2 (Heading and ss 78A– 78E) inserted by No. 34/2009 s. 6.

Subdivision 2—Civil actions for discriminatory conduct

S. 78A inserted by No. 34/2009 s. 6.