Victimisation

Victimisation

The purpose of the victimisation provisions is to protect workers who have taken steps to exercise their statutory rights or support others in exercising theirs, or because they are suspected of having done, or intending to do so. Without such protection workers might otherwise be reluctant to come forward with complaints for fear of reprisals.

Section 27(1) EA states:

“A person (A) victimises another person (B) if A subjects B to a detriment because –

(a) B does a protected act, or

(b) A believes B has done, or may do, a protected act.”

Protected Act

Section 27(2) defines “protected act” as:

(a) bringing proceedings under EA;

(b) giving evidence or information in connection with proceedings under EA;

(c) otherwise doing anything for the purposes of or in connection with EA;

(d) making an allegation that A or another person has contravened EA.

It is irrelevant whether the decision to subject to a detriment because of the protected act was made consciously or subconsciously.

Defences

A worker will not be protected by these provisions if the original allegation made was false and made in bad faith (s.27(3) EA). This effectively provides employers with a potential defence to victimisation claims.