Western Australian Current Acts Western Australian Current Acts (1) In this section
—
employee and employer have the respective meanings
given in the Industrial Relations Act 1979 section 7(1).
(2) An employer must
not —
(a)
dismiss an employee; or
(b)
alter an employee’s position to the employee’s disadvantage; or
(c)
refuse to promote or transfer an employee; or
(d)
otherwise injure an employee in relation to the employee’s employment;
or
(e)
threaten to do any of those things,
for the reason, or for
reasons that include the reason, that the employee does not consent to working
in a smoking zone when the smoking zone is open to, or being used by, the
public or a section of the public (the consent ).
Penalty: see section 115.
(3) In proceedings for
a contravention of subsection (2), if it is proved that an employer took any
course of action mentioned in that subsection against or in relation to an
employee after the employee refused to give the consent, it is for the
employer to prove that the course of action was taken for some reason other
than because the employee refused to give the consent.
(4) Subsection (2) is
a civil penalty provision for the purposes of the
Industrial Relations Act 1979 section 83E.
(5) The
Industrial Relations Act 1979 section 97YG applies as if the reference in that
section to a contravention of section 97YF of that Act includes a reference to
a contravention of the Tobacco Products Control Act 2006 section 107F(2).
[Section 107F inserted: No. 22 of 2009 s. 9.]