104 Discrimination

(1)

For the purposes of section 103(1)(c), an employee is discriminated against in that employee’s employment if the employee’s employer or a representative of that employer, by reason directly or indirectly of any of the prohibited grounds of discrimination specified in section 105, or the employee’s union membership status or involvement in union activities in terms of section 107,—

(a)

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 similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or

(b)

dismisses that employee or 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 dismissed or subjected to such detriment; or

(c)

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

(2)

For the purposes of this section, detriment includes anything that has a detrimental effect on the employee’s employment, job performance, or job satisfaction.

(3)

This section is subject to the exceptions set out in section 106.

Compare: 1991 No 22 s 28(1)

Section 104(1): amended, on 11 June 2019, by section 31 of the Employment Relations Amendment Act 2018 (2018 No 53).

Section 104(1): amended, on 4 April 2016, by section 6 of the Employment Relations Amendment Act 2015 (2015 No 73).