578Civil proceedings relating to discriminatory conduct

578 Civil proceedings relating to discriminatory conduct

(1) For the purposes of this section, an employer engages in discriminatory conduct if the employer—

(a) dismisses, or threatens to dismiss, a worker from employment; or

(b) alters, or threatens to alter, the position of a worker to the worker's detriment; or

(c) treats a worker less favourably than another worker in relation to promotion or re‑employment.

(2) Conduct referred to in subsection (1) is engaged in for a prohibited reason if a substantial reason is because the worker—

(a) has given the employer or any other employer notice of an injury; or

(b) has taken steps to pursue a claim for compensation against the employer or any other employer; or

(c) has given, or attempted to give, a claim for compensation to the employer or any other employer, the Authority or a self-insurer; or

(3) For the purposes of this section, a prospective employer engages in discriminatory conduct if the prospective employer—

(a) refuses or fails to offer employment to an applicant for employment; or

(b) in offering, or refusing to offer, terms of employment, treats an applicant for employment less favourably than another applicant for employment.

(4) Conduct referred to in subsection (3) is engaged in for a prohibited reason if a substantial reason is because the applicant for employment—

(a) has given an employer notice of an injury; or

(b) has taken steps to pursue a claim for compensation against an employer; or

(c) has given or attempted to give a claim for compensation to an employer, the Authority or a self-insurer; or

(5) A worker or an applicant for employment may apply to the Industrial Division of the Magistrates' Court for an order under this section in relation to an employer or a prospective employer who has engaged in discriminatory conduct for a prohibited reason.

(6) An application referred to in subsection (5) must be made not more than one year after the date on which the discriminatory conduct occurred.

(7) In a proceeding under this section, if all the facts constituting the discriminatory conduct are proved, the employer or prospective employer bears the burden of adducing evidence that the reason alleged in the proceeding was not a substantial reason for the conduct.

(8) It is a defence to a proceeding under this section if the employer or prospective employer proves that—