210Freedom from victimisation

210 Freedom from victimisation

210 Freedom from victimisation

(1) An employer or industrial organisation must not victimise an employee or prospective employee because the person—

(a) is or was a member or an official of an industrial organisation of employees or otherwise an elected representative of employees, or

(b) does not belong to an industrial organisation of employees or holds a certificate of conscientious objection to becoming a member of an industrial organisation of employees, or

(c) engages or proposes to engage in industrial organising activities, or

(d) refuses to engage in industrial action or another industrial organising activity, or

(e) participates or proposes to participate in proceedings relating to an industrial matter, or

(f) exercises or proposes to exercise functions conferred under this Act, or

(g) has a role or responsibility under industrial relations legislation or an industrial instrument, or

(h) engages in or proposes to engage in a public or political activity, unless it interferes with the performance of the employee’s duties, or

(i) is entitled to a benefit or claims a benefit to which the person is entitled under industrial relations legislation or an industrial instrument, or

(j) is entitled to a benefit or claims a benefit—

(i) under either or both of the following—

(A) the Workers Compensation Act 1987,

(B) the Workplace Injury Management and Workers Compensation Act 1998, or

(ii) in relation to other entitlements for a workplace injury, or

(k) has a characteristic protected from discrimination under the Anti-Discrimination Act 1977, or

(l) makes a complaint or inquiry—

(i) about the person’s employment, or