78 Order for damages or reinstatement 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 reemployed 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. Pt 7 Div. 9 Subdivision 2—Civil actions for Subdiv. 2 (Heading and discriminatory conduct ss 78A–78E) inserted by No. 34/2009 s. 6. S. 78A 78A Prohibition of discriminatory conduct inserted by No. 34/2009 (1) An employer or prospective employer must not s. 6. engage in for a prohibited discriminatory conduct reason.
78 Order for damages or reinstatement 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 reemployed 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. Pt 7 Div. 9 Subdiv. 2 (Heading and ss 78A–78E) inserted by No. 34/2009 s. 6. Subdivision 2—Civil actions for discriminatory conduct S. 78A inserted by No. 34/2009 s. 6. 78A Prohibition of discriminatory conduct (1) An employer or prospective employer must not engage in discriminatory conduct for a prohibited reason.
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