Health and Safety Law 2024 (October 2024)

Where there are no representatives for health and safety or no safety committee, employees are also protected against dismissal and detriment in the same sections of the ERA 1996, if they “brought to his employer’s attention, by reasonable means, circumstances connected with [their] work which [they] reasonably believed were harmful or potentially harmful to health or safety”. This protection also covers cases where there are representatives and/or a safety committee “but it was not reasonably practicable for the employee to raise the matter by those means”. (Section 100 (1) (c) of ERA 1996 relates to dismissal and section 44 (1) (c) relates to detriment.)

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