49Witness not to be prejudiced

49 Witness not to be prejudiced

49 Witness not to be prejudiced

(1) A person shall not—

(a) use violence against or inflict injury on,

(b) cause or procure violence, damage, loss or disadvantage to, or

(c) cause or procure the punishment of,

a person for or on account of the lastmentioned person having appeared, or being about to appear, as a witness at an inquiry by a Commission or for or on account of any evidence given by the lastmentioned person before a Commission.

Maximum penalty—20 penalty units or imprisonment for 1 year, or both.

(2) Without limiting the generality of subsection (1), an employer shall not—

(a) dismiss an employee from his or her employment, or prejudice an employee in his or her employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a Commission, or

(b) dismiss, or threaten to dismiss, an employee from his or her employment or prejudice, or threaten to prejudice, an employee in his or her employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a Commission.

Maximum penalty—100 penalty units in the case of a corporation and 20 penalty units or imprisonment for 1 year, or both, in any other case.

(3) In any proceedings arising out of subsection (2)—

(a) if it is established that the employee was dismissed from, or prejudiced in, his or her employment and that, before he or she was so dismissed or prejudiced, he or she appeared as a witness, or gave any evidence, at an inquiry by a Commission—the burden lies on the employer of proving that the employee was not so dismissed or prejudiced by reason that he or she so appeared as a witness or gave evidence, or

(b) if it is established that the employee was dismissed, or threatened with dismissal, from his or her employment, or was prejudiced, or threatened with prejudice, in his or her employment and that, before he or she was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he or she proposed to appear as a witness, or to give evidence, at an inquiry by a Commission—the burden lies on the employer of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he or she proposed so to appear as a witness or to give evidence.