42.3(1)No employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against a worker because the worker suffered an injury by accident in respect of which the worker is, in the opinion of the Commission, entitled to make application for compensation under this Part.

42.3(2)An employer is bound by subsection (1) from the date of the worker’s injury by accident until the later of the following: 

42.3(3)Subsections (1) and (2) shall be deemed to be provisions of Part 3 of the Employment Standards Act and shall be enforced in accordance with that Act as if they were provisions of that Act.

42.3(4)Any person who believes that an employer has violated or failed to comply with subsection (1) may make a complaint in accordance with Part 5 of the Employment Standards Act.

42.3(5)A complaint referred to in subsection (4) shall be disposed of in accordance with the provisions of the Employment Standards Act and, subject to subsection (6), the provisions of that Act apply with the necessary modifications with respect to the complaint.

42.3(6)Sections 4 and 8 of the Employment Standards Act do not apply with respect to a complaint referred to in subsection (4).

42.3(7)Any order issued with respect to a complaint referred to in subsection (4) may be enforced in accordance with the provisions of the Employment Standards Act.

42.3(8)If a complaint referred to in subsection (4) is found to be valid, the rights of the worker under subsection (1) shall not be prejudiced by the expiration of the period of time under subsection (2).

42.3(9)For the purposes of this section,