(1) An employer shall not penalise or threaten penalisation of an employee for -
(a) invoking any right conferred on him or her by this Act,
(b) having in good faith opposed by lawful means an act that is unlawful under this Act,
(c) giving evidence in any proceedings under this Act, or
(d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.
(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.
(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that subsection (1) has been contravened, it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.
(4) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of
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