699Discrimination against or victimisation of employees

699 Discrimination against or victimisation of employees (1) An employer must not dismiss an employee, or otherwise prejudice an employee in the employee’s employment, for the reason that the employee— (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. Examples of prejudicial conduct in relation to an employee’s employment— • demotion of the employee • unwarranted transfer of the employee • reducing the employee’s terms of employment (2) An employer must not fail to offer employment to a prospective employee, or in offering employment to a prospective employee treat the prospective employee less favourably than another prospective employee would be treated in similar circumstances, for the reason that the prospective employee— (a) has helped or given information to a public authority or law enforcement agency in relation to a contravention or alleged contravention of this Law; or

Division 1 Offence about discrimination or victimisation (b) has made a complaint about a contravention or alleged contravention of this Law to an employer, former employer, fellow employee, former fellow employee, union or public authority or law enforcement agency. (3) In a proceeding for an offence against subsection (1) or (2), if all the facts constituting the offence other than the reason for the defendant’s action are proved, the defendant has the onus of proving that the defendant’s action was not for the reason alleged in the charge for the offence. employee includes an individual who works under a contract for employer, of a prospective employee, includes a prospective employer of the employee.