OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 78D Civil action for discriminatory conduct

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 78D

    (1)     An eligible person may apply to the Industrial Division of the Magistrates' Court for an order under this section.

    (2)     The Industrial Division of the Magistrates' Court may make one or more of the following orders in relation to an employer or prospective employer who has contravened section 78A—

        (a)     an order that the employer or prospective employer pay (within a specified period) such damages to the employee or prospective employee who was the subject of the discriminatory conduct as the Court considers appropriate to compensate the employee or prospective employee;

        (b)     an order that—

              (i)     the employee be reinstated or re-employed in the employee's 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 the prospective employee had applied or a similar position;

        (c)     any other order that the Court considers appropriate.

    (3)     The Industrial Division of the Magistrates' Court may make one or more of the following orders in relation to a person who has contravened section 78C—

S. 78D(3)(a) amended by No. 68/2009 s. 97(Sch. item 90.18).

        (a)     an order that the accused pay (within a specified period) such damages to the person who was the subject of the discriminatory conduct as the Court considers appropriate to compensate the person;

        (b)     any other order that the Court considers appropriate.

    (4)     The orders that may be made under subsections (2)(c) or (3)(b) include—

        (a)     injunctions; and

        (b)     any other orders that the Industrial Division of the Magistrates' Court considers necessary to stop the conduct or remedy its effects.

    (5)     For the purposes of this section, each of the following is an "eligible person"—

        (a)     a person affected by the contravention;

        (b)     another person authorised to represent a person referred to in paragraph (a).

    (6)     Nothing in this section is to be construed as limiting any other power of the Industrial Division of the Magistrates' Court.

S. 78E inserted by No. 34/2009 s. 6.