115Operator not to dismiss etc. employees on certain grounds

#### 115 Operator not to dismiss etc. employees on certain grounds (1) An operator must not: (a) dismiss an employee; or (b) do an act that results in an employee being damaged in his or her employment; or (c) prejudicially alter the employee’s position (whether by deducting or withholding remuneration or by any other means); or (d) threaten to do any of those things; because the employee: (e) has complained, or proposes to complain, about a matter concerning the health, safety or welfare of employees at work; or (f) has assisted, or proposes to assist, by giving information or otherwise, the conduct of an investigation; or (g) has stopped, or proposes to stop, performing work, in accordance with a direction by a health and safety representative under paragraph 80(1)(b), not being a stoppage or proposed stoppage that continues after: (i) the health and safety representative has agreed with a person supervising the work that the stoppage or proposed stoppage was not, or is no longer, necessary; or (ii) an inspector has, under subsection 80(5), made a decision that has the effect that the employee should perform the work. Penalty: 250 penalty units. (2) In proceedings for an offence against subsection (1), if all the relevant facts and circumstances, other than the reason for an action alleged in the charge, are proved, it is for the defendant to show that the action was not taken for that reason.