Part 3
Worker engagement, participation, and representation
Prohibition of adverse, coercive, or misleading conduct:
Civil proceedings in relation to adverse or coercive conduct
96Procedure for civil proceedings for adverse conduct
A proceeding brought under section 95 must be commenced not more than 1 year after the date on which the action or conduct occurred or came to the notice of the eligible person, whichever is the later.
In a proceeding under section 95 in relation to conduct referred to in section 95(1)(a) or (b), if a prohibited health and safety reason is alleged for adverse conduct, that reason is presumed to be a substantial reason for that conduct unless the defendant proves, on the balance of probabilities, that the reason was not a substantial reason for the conduct.
It is a defence to a proceeding under section 95 in relation to conduct referred to in section 95(1)(a) or (b) if the defendant proves that—
- the conduct was reasonable in the circumstances; and
- a substantial reason for the conduct was to comply with relevant health and safety legislation.