49Witness not to be prejudiced

49 Witness not to be prejudiced

[Section 49 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(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 last-mentioned 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 last-mentioned person before a Commission.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.

[Section 49 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(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.

Penalty:   –

(a) if the offender is a natural person – fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year; or

(b) if the offender is a body corporate – fine not exceeding 100 penalty units.

(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