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Industrial Relations Act 2016
sec.285Protection
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### sec.285 Protection
A person must not take adverse action against another person—
because the other person—
has a workplace right; or
has, or has not, exercised a workplace right; or
proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or
to prevent the exercise of a workplace right by the other person.
This subsection is a civil penalty provision.
A person must not take adverse action against another person (the second person ) because a third person has exercised, or proposes to or has at any time proposed to exercise, a workplace right for the second person’s benefit or for the benefit of a class of persons to which the second person belongs.
This subsection is a civil penalty provision.
(sec.285-ssec.1) A person must not take adverse action against another person— because the other person— has a workplace right; or has, or has not, exercised a workplace right; or proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or to prevent the exercise of a workplace right by the other person. This subsection is a civil penalty provision.
(sec.285-ssec.2) A person must not take adverse action against another person (the second person ) because a third person has exercised, or proposes to or has at any time proposed to exercise, a workplace right for the second person’s benefit or for the benefit of a class of persons to which the second person belongs. This subsection is a civil penalty provision.
- (a) because the other person— (i) has a workplace right; or (ii) has, or has not, exercised a workplace right; or (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or
- (i) has a workplace right; or
- (ii) has, or has not, exercised a workplace right; or
- (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or
- (b) to prevent the exercise of a workplace right by the other person.
- (i) has a workplace right; or
- (ii) has, or has not, exercised a workplace right; or
- (iii) proposes to or proposes not to, or has at any time proposed to or proposed not to, exercise a workplace right; or