Commonwealth Consolidated Acts

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Employer not to dismiss or injure bankrupt because of giving of notice

  (1)   If a notice under section   139ZL is given to the employer of the bankrupt, the employer must not dismiss the bankrupt, injure the bankrupt in his or her employment, or alter the position of the bankrupt to the bankrupt's prejudice, because of the giving of the notice.

Penalty:   Imprisonment for 6 months.

  (2)   In a prosecution for an offence against subsection   (1), it is not necessary for the prosecutor to prove that the defendant's reason for the action charged was the giving of the notice but it is a defence to the prosecution if the defendant proves that the action was not taken because of the giving of the notice.

  (3)   If an employer is convicted of an offence against subsection   (1) constituted by dismissing a bankrupt, the court that convicted the employer may order the employer:

  (a)   to reinstate the bankrupt to the position that the bankrupt occupied immediately before the dismissal or a position no less favourable than the first - mentioned position; and

  (b)   to pay to the bankrupt the whole or part of the wages lost by the bankrupt because of the dismissal.

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