sec.44Protection of employment rights

### sec.44 Protection of employment rights A person must not dismiss from employment an employee who is or was absent from the employee’s employment because of a relevant direction. Maximum penalty—40 penalty units or 1 year’s imprisonment. This Act shall not be construed to prejudice any right of action by any person in respect of wrongful dismissal. For the purpose of calculating the entitlement of any employee to long service leave, sick leave, recreation leave or other benefits to which the employee is entitled, the continuity of service of the employee is taken not to have been broken only by the employee’s absence from the employment because of a relevant direction or the exercise by an emergency responder of powers under part 3 . An employee who is absent from the employee’s employment because of a relevant direction is entitled to be paid by the person’s employer wages payable for the period of the employee’s absence during normal working hours. Subsections (1) to (4) apply whether or not the employer in question has consented to the absence of the employee in the circumstances set out therein. In this section— relevant direction means either of the following, whether given under part 2 , 2A or 3 — a resource operator direction; a help direction. s 44 (prev s 9) amd 2003 No. 46 s 9 renum and reloc 2003 No. 46 s 12 amd 2016 No. 42 s 52 (sec.44-ssec.1) A person must not dismiss from employment an employee who is or was absent from the employee’s employment because of a relevant direction. Maximum penalty—40 penalty units or 1 year’s imprisonment. (sec.44-ssec.2) This Act shall not be construed to prejudice any right of action by any person in respect of wrongful dismissal. (sec.44-ssec.3) For the purpose of calculating the entitlement of any employee to long service leave, sick leave, recreation leave or other benefits to which the employee is entitled, the continuity of service of the employee is taken not to have been broken only by the employee’s absence from the employment because of a relevant direction or the exercise by an emergency responder of powers under part 3 . (sec.44-ssec.4) An employee who is absent from the employee’s employment because of a relevant direction is entitled to be paid by the person’s employer wages payable for the period of the employee’s absence during normal working hours. (sec.44-ssec.5) Subsections (1) to (4) apply whether or not the employer in question has consented to the absence of the employee in the circumstances set out therein. (sec.44-ssec.6) In this section— relevant direction means either of the following, whether given under part 2 , 2A or 3 — a resource operator direction; a help direction. - (a) a resource operator direction; - (b) a help direction.