—(1) An employer shall not dismiss or threaten to dismiss an employee or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstance that the employee —
is, or proposes to become, an officer or member of a trade union or an association that has applied to be registered as a trade union;
is entitled to the benefit of a collective agreement or an award;
has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act;
being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions;
has absented himself from work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordance with section 81 before he absented himself and leave was unreasonably deferred or withheld; or
being a member of a panel appointed under section 6, has absented himself from work for the purpose of performing his functions and duties as a member of a Court and has notified the employer before he absented himself.
(2) An employer who contravenes any provision of subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010 wef 01/02/2011]
(3) Where an employer has been convicted of an offence punishable under subsection (2), the Court by which the employer is convicted may order that the employer pay to the employee the amount of any wages lost by him and also direct the employer to reinstate the employee in his former position or a similar position.
(4) Where an amount ordered to be paid under subsection (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were a fine and the amount so recovered shall be paid to the employee entitled under the order.
(5) An employer who fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[36/2010 wef 01/02/2011]
(6) Nothing in this section shall be construed as prohibiting a Court from inquiring into the dismissal or the reinstatement of an employee who has been allegedly dismissed in contravention of this section before any proceedings have commenced in a District Court.