62A Adverse treatment in employment of people affected by family violence

(1)

It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by family violence.

(2)

The areas to which subsection (1) applies are—

(a)

the making of an application for employment:

(b)

employment, which term includes unpaid work.

(3)

In this section, an employer treats adversely an employee if the employer—

(a)

dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or

(b)

refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or

(c)

subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or

(d)

retires that employee, or requires or causes that employee to retire or resign.

(4)

For the purposes of this section,—

child has the meaning given to it in section 8 of the Family Violence Act 2018

family violence has the meaning given to it in section 9 the Family Violence Act 2018

person affected by family violence means a person who is 1 or both of the following:

(a)

a person against whom any other person is inflicting, or has inflicted, family violence:

(b)

a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.

(5)

Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee.

Section 62A: inserted, on 1 April 2019, by section 39 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 62A heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 62A(1): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 62A(4): replaced, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 62A(5): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).