In order to ensure that people are not deterred from bringing discrimination claims through fear of reprisal, the discrimination legislation makes it unlawful for an employer to victimise a person for bringing a claim or alleging discrimination. Likewise, it is unlawful to victimise a person for supporting someone else in claiming or alleging discrimination, by providing information or giving evidence. This protection also applies if the employer knows or suspects that a person intends to take one of these steps. A person is protected from victimisation even after leaving the company’s employment.
The only circumstance in which a person is not protected from victimisation is where he or she made an allegation that was both false and not made in good faith. If a person makes an allegation that he or she believes to be true, the protection applies even if the allegation turns out to be unfounded.