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Magistrates Court Act 1930
298Prejudice to employee
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298 Prejudice to employee
(1) An employer must not dismiss an employee, or otherwise prejudice
an employee in his or her employment, because a garnishee order
attaching the earnings of the employee has been made by the court.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
(a) an employee is dismissed or prejudiced within 6 months after a
garnishee order is made; and
(b) all the elements of the offence other than the reason for the
employer’s action are proved;
the onus of proving that the dismissal or prejudice was not because of
the garnishee order is on the employer.
(3) A conviction under subsection (1) does not limit, restrict or otherwise
effect any obligation that the garnishee may have in relation to the
judgment debtor or any right or remedy that the judgment debtor may
have against the garnishee under any other law in force in the ACT.