30Witness prejudiced in his employment

30 Witness prejudiced in his employment

(1) An employer shall not:

(a) dismiss an employee from his employment, or prejudice an employee in his employment, by reason that the employee has appeared as a witness, or has given any evidence, at an inquiry; or

(b) dismiss or threaten to dismiss an employee from his employment, or prejudice or threaten to prejudice an employee in his employment, by reason that the employee proposes to appear as a witness or to give evidence at an inquiry.

Penalty: $1,000 or imprisonment for 6 months.

(2) In any proceedings for an offence against this section:

(a) if it is established that the employee was dismissed from, or prejudiced in, his employment and that, before he was so dismissed or prejudiced, he appeared as a witness, or gave any evidence, at an inquiry—the burden lies on the defendant of proving that the employee was not dismissed or prejudiced by reason that he so appeared as a witness or gave evidence; or

(b) if it is established that the employee was dismissed, or threatened with dismissal, from his employment, or was prejudiced, or threatened with prejudice, in his employment and that before he was so dismissed, threatened with dismissal, prejudiced or threatened with prejudice, he proposed to appear as a witness, or to give evidence, at an inquiry—the burden lies on the defendant of proving that the employee was not so dismissed, threatened with dismissal, prejudiced or threatened with prejudice by reason that he proposed so to appear as a witness or to give evidence.