138Acts of retaliation for reporting breaches

138 Acts of retaliation for reporting breaches (1) This section applies to: (a) a person (an employer) who employs or engages an individual (an employee) under: (i) a contract of employment, apprenticeship or training; or (ii) a contract for services; or (b) a person (a prospective employer) to whom an individual (a prospective employee) has applied for employment under: (i) a proposed contract of employment, apprenticeship or training; or

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 88 (ii) a proposed contract for services. (2) An employer commits an offence if: (a) the employer engages in any of the following conduct: (i) dismissing an employee; (ii) injuring an employee in relation to his or her employment; (iii) altering an employee's position as an employee to his or her detriment; and (b) one or both of the following apply: (i) the employee has assisted, or has given any information to, a public agency in relation to a breach or alleged breach of this Act or a corresponding law; (ii) the employee has made a complaint about a breach or alleged breach of this Act or a corresponding law to the employer, another employee, or a trade union or public agency. The employer: (a) intentionally engages in the conduct mentioned in paragraph (a)(i), (ii) or (iii); and (b) engages in the conduct with the intention to retaliate against an act of the employee mentioned in paragraph (b)(i) or (ii). (3) A prospective employer commits an offence if: (a) the prospective employer engages in any of the following conduct: (i) refusing or omitting to offer employment to a prospective employee; (ii) treating a prospective employee less favourably than another prospective employee would be treated in relation to the terms of employment offered to the prospective employee; and

Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 89 (b) one or both of the following apply: (i) the prospective employee has assisted, or has given any information to, a public agency in relation to a breach or alleged breach of this Act or a corresponding law; (ii) the prospective employee has made a complaint about a breach or alleged breach of this Act or a corresponding law to the prospective employer or an employee, prospective employee, trade union or public agency. The prospective employer: (a) intentionally engages in the conduct mentioned in paragraph (a)(i) or (ii); and (b) engages in the conduct with the intention to retaliate against an act of the prospective employee mentioned in paragraph (b)(i) or (ii). (4) If a person is found guilty of an offence against subsection (2) or (3), the court may, in addition to imposing a penalty on the offender, make one or both of the following orders: (a) an order that the offender pay within a specified period to the employee or prospective employee compensation decided by the court; (b) one of the following orders (as appropriate): (i) the employee be reinstated to the employee's former position or, if that position is not available, a similar position; (ii) the prospective employee be employed in the position for which the prospective employee had applied, or if that position is not available, in a similar position. (5) The maximum amount of compensation cannot exceed the monetary jurisdictional limit of the court in civil proceedings. (6) An order for payment of compensation is enforceable as if it were a judgment of the court in civil proceedings.