108A Adverse treatment in employment of people affected by family violence

(1)

For the purposes of sections 103(1)(da) and 123(1)(d), an employee is treated adversely in the employee’s employment on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence if, on the ground that the employee is, or is suspected or assumed or believed to be, a person affected by family violence (as that term is defined in section 69ABA), that employee’s employer or a representative of that 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

(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.

(2)

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 108A: inserted, on 1 April 2019, by section 9 of the Domestic Violence—Victims’ Protection Act 2018 (2018 No 21).

Section 108A heading: amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 108A(1): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 108A(2): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).