| Commentary

(e) Protection from detriment

| Commentary

(e)     Protection from detriment

Workers exercising their rights of accompaniment must not be subjected to a detriment by their employer on the grounds that they exercised or sought to exercise the right to be accompanied (ERA 1999 s 12). For those workers who are not employees, 'detriment' includes the termination of their contract. Dismissal is excluded from the definition of 'detriment' for employees in the narrow sense, but an employee dismissed because he or she has exercised or sought to exercise a right conferred by ERA 1999 s 10 is treated as having been unfairly dismissed

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