Victorian Numbered Acts Victorian Numbered Acts(1) An employer must not dismiss or threaten to dismiss an employee or take or threaten to take any other detrimental action against an employee because—
(a) the employee has given information to a Board of Inquiry; or
(b) the employer believes that the employee has given or will give information to a Board of Inquiry.
Penalty: 120 penalty units or imprisonment for 12 months.
Notes
1 See also section 72 of the Criminal Procedure Act 2009 , which deals with the evidential burden of proof.
2 Section 128 applies to an offence against this subsection.
(2) It is a defence in a proceeding for an offence against subsection (1) if the reason referred to in subsection (1)(a) or (b) was not a substantial reason for the dismissal or other detrimental action.
(3) Subsection (1) does not apply if an employer dismisses or threatens to dismiss an employee or takes or threatens to take any other detrimental action against an employee because—
(a) the employee unlawfully gave information to a Board of Inquiry; or
(b) the employee contravened section 90 of this Act or section 314 of the Crimes Act 1958 in respect of the information given to a Board of Inquiry.