78BProhibited reasons

78B Prohibited reasons (1) Conduct referred to in section 78A is for a ***prohibited reason*** if it is carried out because the employee or prospective employee— (a) is or has been a health and safety representative or a member of a health and safety committee; or (b) exercises or has exercised a power as a health and safety representative or as a member of a health and safety committee; or S. 78B(1)(c) amended by No. 48/2017 s. 16(1). (c) assists or has assisted, or gives or has given any information to, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative or a member of a health and safety committee; or S. 78B(1)(d) amended by No. 48/2017 s. 16(2). (d) raises or has raised an issue or concern about health and safety to an employer, an inspector, the Authority, an authorised representative of a registered employee organisation, a health and safety representative, a member of a health and safety committee or an employee of the employer. (2) For the purposes of section 78A, an employer or prospective employer may be found to have engaged in discriminatory conduct for a prohibited reason if a reason mentioned in subsection (1) is a substantial reason for the conduct. S. 78C inserted by No. 34/2009 s. 6.