Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - SECT 78

If an employer or prospective employer is convicted or found guilty of an offence against section 76, the court may (in addition to imposing a penalty) make either or both of the following orders—

        (a)     an order that the offender pay (within a specified period) such damages to the employee or prospective employee against whom the offender discriminated as the court considers appropriate to compensate him or her;

        (b)     an order that—

              (i)     the employee be reinstated or re-employed in his or her former position or, if that position is not available, in a similar position; or

              (ii)     the prospective employee be employed in the position for which he or she had applied or a similar position.

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