LRD guides and handbook October 2024

Health and Safety Law 2024

Sections 100 and 44 of the ERA 1996 also provide protection against dismissal and detriment in cases where “having been designated by the employer to carry out activities in connection with preventing or reducing risks to health and safety at work, the employee carried out (or proposed to carry out) any such activities”. Under section 100 (1) (a) of the ERA 1996, dismissal in such circumstances is automatically unfair, as the following case shows: