25Dismissal or other victimisation of worker

#### 25 Dismissal or other victimisation of worker 25 Dismissal or other victimisation of worker > > (1) This section applies to— > > > > > (a) a person who dismisses a worker, terminates a contract for services or bailment with a worker or alters the position of a worker to the worker’s detriment, and > > > > > (b) a person who threatens to do any of those things to a worker, and > > > > > (c) a person who refuses or fails to offer to engage a prospective worker, or treats a prospective worker less favourably than another prospective worker would be treated in offering terms of engagement. > > > (2) The person is guilty of an offence if the person engaged in that conduct because the worker or prospective worker or other person— > > > > > (a) has assisted or has given any information to a public authority in respect of a breach or alleged breach of this Act or the regulations, or > > > > > (b) has made a complaint about a breach or alleged breach of this Act or the regulations to the person, a fellow worker, union, public authority or public official, or > > > > > (c) assists or has assisted, or gives or has given any information to, a public agency in respect of a breach or alleged breach of this Act or the regulations, or > > > > > (d) has made a complaint about a breach or alleged breach of this Act or the regulations to a former employer or bailor, former fellow worker, union, public authority or public official. > > > > Maximum penalty— > > > > > (a) in the case of an individual—100 penalty units, or > > > > > (b) in the case of a body corporate—500 penalty units. > > > (3) A person may be guilty of an offence against subsection (2) only if the reason mentioned in subsection (2) (a), (b), (c) or (d) is the dominant reason why the person engaged in the conduct. > > > (4) In proceedings for an offence against subsection (2), if all the facts constituting the offence other than the reason for the defendant’s conduct are proved, the defendant bears the onus of proving that the reason alleged in the charge was not the dominant reason why the defendant engaged in the conduct. > > > (5) If a person is convicted or found guilty of an offence against this section, the court may (in addition to imposing a penalty) make either or both of the following orders— > > > > > (a) an order that the offender pay (within a specified period) such damages to the worker or prospective worker or other person against whom the offender discriminated as the court considers appropriate to compensate him or her, > > > > > (b) an order that— > > > > > > > (i) the worker be re-engaged in his or her former position or if that position is not available, in a similar position, or on the same terms, or > > > > > > > (ii) the prospective worker be engaged in the position for which he or she had applied or a similar position. > > > (6) In this section— > > > > public authority includes the Commissioner, TfNSW, an authorised officer, a police officer of another jurisdiction, an officer of a government sector agency (within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)), a NSW government agency or an agency of the Commonwealth or another State or Territory. > > > > worker includes an employee, an individual who works as a contractor or subcontractor and an individual who is engaged as a bailee. > > **s 25:** Am 2020 No 30, Sch 4.69\[2\].