sec.49Witness not to be prejudiced

sec.49 Witness not to be prejudiced

A person shall not— use violence against or inflict injury on; or cause or procure violence, damage, loss or disadvantage to; or 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. Maximum penalty—40 penalty units or imprisonment for 1 year. Without limiting the generality of subsection (1) , an employer shall not— dismiss an employee from the employee’s employment, or prejudice an employee in the employee’s employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a commission; or dismiss, or threaten to dismiss, an employee from the employee’s employment or prejudice, or threaten to prejudice, an employee in the employee’s employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a commission. Maximum penalty— in the case of a body corporate—200 penalty units; or in any other case—40 penalty units or imprisonment for 1 year. In any proceedings arising out of subsection (2) — if it is established that the employee was dismissed from, or prejudiced in, the employee’s employment and that, before the employee was so dismissed or prejudiced, the employee 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 the employee so appeared as a witness or gave evidence; or if it is established that the employee was dismissed, or threatened with dismissal, from the employee’s employment, or was prejudiced, or threatened with prejudice, in the employee’s employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee 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 the employee proposed so to appear as a witness or to give evidence. s 49 amd 1 October 1987 RA s 39 (sec.49-ssec.1) A person shall not— use violence against or inflict injury on; or cause or procure violence, damage, loss or disadvantage to; or 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. Maximum penalty—40 penalty units or imprisonment for 1 year. (sec.49-ssec.2) Without limiting the generality of subsection (1) , an employer shall not— dismiss an employee from the employee’s employment, or prejudice an employee in the employee’s employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry by a commission; or dismiss, or threaten to dismiss, an employee from the employee’s employment or prejudice, or threaten to prejudice, an employee in the employee’s employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry by a commission. Maximum penalty— in the case of a body corporate—200 penalty units; or in any other case—40 penalty units or imprisonment for 1 year. (sec.49-ssec.3) In any proceedings arising out of subsection (2) — if it is established that the employee was dismissed from, or prejudiced in, the employee’s employment and that, before the employee was so dismissed or prejudiced, the employee 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 the employee so appeared as a witness or gave evidence; or if it is established that the employee was dismissed, or threatened with dismissal, from the employee’s employment, or was prejudiced, or threatened with prejudice, in the employee’s employment and that, before the employee was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, the employee 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 the employee proposed so to appear as a witness or to give evidence.