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95: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
or “Legal action for unfair treatment over health and safety matters”

You could also call this:

“How to start a legal case about unfair treatment at work due to health and safety concerns”

If you want to start a legal case about unfair treatment at work related to health and safety, you need to do it within one year. This one-year period starts from when the unfair treatment happened or when you found out about it, whichever is later.

In these cases, if you say you were treated unfairly because of health and safety reasons, the court will assume this is true. The person or company you’re taking to court would need to prove that health and safety wasn’t a big reason for how they treated you.

The person or company you’re taking to court can defend themselves. They can say what they did was okay if they can prove two things. First, that what they did was reasonable given the situation. Second, that a big reason for what they did was to follow health and safety laws.

Remember, you can find more information about starting these cases in section 95 of this law.

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Next up: 97: General provisions

or “General rules for legal actions related to health and safety at work”

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

  1. 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.

  2. 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.

  3. 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—

  4. the conduct was reasonable in the circumstances; and
    1. a substantial reason for the conduct was to comply with relevant health and safety legislation.
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