Unjust dismissal and related unfair employer action
28Despite anything in this Act, an employer shall not suspend, lay off, penalize, dismiss or otherwise terminate the employment of an employee or impose disciplinary measures or discriminate against an employee if the reason for the suspension, layoff, penalty, dismissal, termination of employment, disciplinary measures or discrimination is related in any way to
(a)
the application by an employee for any leave to which the employee is entitled under this Act;
(b)
the making of a complaint or the giving of information or evidence by the employee against the employer with respect to any matter covered by this Act; or
(c)
the giving of information or evidence by the employee against the employer with respect to the alleged violation of any Provincial or federal Act or regulation by the employer while carrying on the employer’s business;
or if the suspension, layoff, penalty, dismissal, including termination of employment, disciplinary measures or discrimination constitutes in any way an attempt by the employer to evade any responsibility imposed on the employer under this Act or any other Provincial or federal Act or regulation or to prevent or inhibit an employee from taking advantage of any right or benefit granted to the employee under this Act.
Unjust dismissal and related unfair employer action
28Notwithstanding anything in this Act an employer shall not dismiss, suspend, lay off, penalize, discipline or discriminate against an employee if the reason therefor is related in any way to
(a)
the application by an employee for any leave to which the employee is entitled under this Act;
(b)
the making of a complaint or the giving of information or evidence by the employee against the employer with respect to any matter covered by this Act; or
(c)
the giving of information or evidence by the employee against the employer with respect to the alleged violation of any Provincial or federal Act or regulation by the employer while carrying on the employer’s business;
or if the dismissal, suspension, layoff, penalty, discipline or discrimination constitutes in any way an attempt by the employer to evade any responsibility imposed upon him under this Act or any other Provincial or federal Act or regulation or to prevent or inhibit an employee from taking advantage of any right or benefit granted to him under this Act.