Queensland Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1999 - SECT 179

179 Employer not to dismiss employee for engaging in protected industrial action

(1) An employer must not—

(a) dismiss an employee, injure an employee in his or her employment or change an employee's position to the employee's prejudice; or
(b) threaten to dismiss an employee, injure an employee in his or her employment or change an employee's position to the employee's prejudice;

wholly or partly because the employee is proposing to engage, is engaging, or has engaged, in protected industrial action.

(2) Subsection (1) does not apply to any of the following actions taken by the employer—

(a) standing down the employee;
(b) refusing to pay the employee if, under common law, the employer is permitted to do so because the employee has not performed work as directed;
(c) action of the employer that is itself protected industrial action.

(3) In proceedings under section 183 for an alleged contravention of subsection (1), it is to be presumed, unless the employer proves otherwise, that the alleged conduct of the employer was carried out wholly or partly because the employee was proposing to engage, was engaging, or had engaged, in protected industrial action.



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