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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 July 2004 - onwards
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98. Penalty for dismissal of employee for exercising rights.

(1) If an employee is dismissed in circumstances amounting to victimisation, the employee's employer shall be guilty of an offence and if, in a prosecution for an offence under this section, it is proved -

(a) that the employee was dismissed, and

(b) that the employee, in good faith, did one or more of the acts specified in paragraphs (a) to (g) of section 74(2),

that proof shall, without more, be evidence until the contrary is proved, that the sole or main reason for the dismissal of the employee was that the employee, in good faith, did one or more of those acts.

(2) Subject to subsection (4), on a conviction of an offence under this section, the court may, if it thinks fit and considers that the Director would have power to do so -

(a) make an order for the re-instatement of the employee by the employer, or

(b) make an order for the re-engagement of the employee by the employer.

(3) Subject to subsection (4), if the court by which a person is convicted of an offence under this secti

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