Australian Capital Territory Consolidated Acts

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MAGISTRATES COURT ACT 1930 - SECT 298

Prejudice to employee

    (1)     An employer must not dismiss an employee, or otherwise prejudice an employee in his or her employment, because a garnishee order attaching the earnings of the employee has been made by the court.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     If—

        (a)     an employee is dismissed or prejudiced within 6 months after a garnishee order is made; and

        (b)     all the elements of the offence other than the reason for the employer's action are proved;

the onus of proving that the dismissal or prejudice was not because of the garnishee order is on the employer.

    (3)     A conviction under subsection (1) does not limit, restrict or otherwise effect any obligation that the garnishee may have in relation to the judgment debtor or any right or remedy that the judgment debtor may have against the garnishee under any other law in force in the ACT.



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