PART XII ENFORCEMENT — Discrimination
78
(1) An employer is guilty of an offence who discharges or threatens to discharge an employee contrary to this Act, or discriminates against an employee because the employee
78(a)
has testified or is about to testify in a proceeding or help in an investigation made or taken under this Act; to a fine of not less than $100 and not more than $1,000 or to imprisonment for a period not exceeding 3 months, or to both a fine and imprisonment where the person is a natural person; or
78(b)
has given information to the board or to the director or an officer or inspector appointed under this Act to acquire information regarding the wages payable to that employee or other employees of the employer or the terms of the contract of service of that employee or other employees; to a fine of not less than $300 and not more than $3,000 where the person is a corporation.
78(c)
has initiated or taken part in a proceeding, investigation or complaint initiated or made under this Act; or
78(d)
has been dismissed by a former employer.
78(2)
A person is guilty of an offence who seeks to have an employer dismiss an employee because that employee has previously been dismissed by that person.
78(3)
A person who is guilty of an offence under subsection (1) is liable on summary conviction, in respect of each employee to which the offence relates,
78(4)
Where an employer is convicted of an offence under subsections (1) and (2), the court, where the offence relates to discriminatory dismissal or reduction in wages, shall in addition to another penalty imposed by this Act order the employer to pay compensation for loss of employment or reduction in wages to the employee in an amount not exceeding the amount that in the opinion of the court would be equivalent to the wages that would have accrued to the employee up to the date of conviction but for the discharge or reduction, and, in the case of the discharge of an employee, the court may order the employer to reinstate the employee under the original contract of service from the date and for the period that in the opinion of the court is appropriate.
78(5)
An employer who fails to comply with an order made under subsection (4) is guilty of an offence and liable on summary conviction to a fine of not less than $10 and not more than $100 for each day during which the failure continues.
78(6)
In addition to the penalties set out in subsection (3) the court may order that exemplary damages be paid to an employee by a person found guilty of an offence under subsection (2).
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