30Protection from victimisation

30 Protection from victimisation

(1) An employer commits an offence if: (a) the employer, after the operation notice time, victimises an employee of the employer, within the meaning given by subsection (2), for being absent; and (b) the employee’s absence was due to the employee taking part in an emergency operation as a member (including a volunteer member) of an emergency services organisation; and (c) the absence occurred while this Part applied to the emergency operation.

Penalty: 30 penalty units.

(2) For subsection (1), an employer victimises an employee only if the employer: (a) dismisses the employee from employment with the employer or terminates the engagement of the employee by the employer; or (b) alters the employee’s position in his or her employment with the employer, or alters the circumstances of the employee’s engagement by the employer, to the employee’s detriment; or (c) otherwise injures the employee in his or her employment with, or engagement by, the employer. (3) The operation notice time is the earlier of the following times: (a) the time a declaration of a state of emergency is broadcast or published under section 16 in relation to an emergency in connection with which the emergency operation mentioned in paragraph (1)(b) of this section is carried out; (b) the time an instrument made under subsection 31(1) commences which covers the emergency operation mentioned in paragraph (1)(b) of this section.