57Employers not to prejudice employees because of registrable maintenance liabilities etc.

57 Employers not to prejudice employees because of registrable maintenance liabilities etc.

(1) An employer who: (a) refuses to employ, or to pay salary or wages to, another person; (b) dismisses, or threatens to dismiss, another person from the other person’s employment; (c) terminates, or threatens to terminate, the payment of salary or wages to another person; (d) prejudices, or threatens to prejudice, another person in the other person’s employment or otherwise in the receipt of salary or wages; or (e) intimidates or coerces, imposes any pecuniary or other penalty on, or takes any other disciplinary action in relation to, another person; because the other person: (f) is the payer of a registrable maintenance liability or any other deductible liability; or (g) is an employee in relation to whom a notice has been given to the employer under subsection 45(1); commits an offence punishable on conviction by a fine not exceeding 20 penalty units. (1A) Strict liability applies to the element of an offence against subsection (1) that a notice is a notice given under subsection 45(1). (2) In a prosecution for an offence against subsection (1), it is not necessary for the prosecutor to prove the reason for the defendant’s action, but it is a defence to the prosecution if the defendant proves, on the balance of probabilities, that the action was not motivated (either in whole or in part) by a reason specified in that subsection. (3) Where an employer is convicted of an offence against subsection (1) constituted by an act done in relation to a person, the court may: (a) order the payment of compensation to the person for loss or damage suffered as a result of the act; and (b) order the taking of action to remedy or reduce the loss or damage suffered by the person as a result of the act.