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Dismissal because of action under section 2.
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25.—(1) Where an employee is dismissed from his employment solely or mainly because he did in good faith anything specified in section 2 (d) (i) to 2 (d) (iv), his employer shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or on conviction on indictment to a fine not exceeding £1,000.
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(2) In a prosecution for an offence under this section the onus shall be on the employer to satisfy the court that the reason referred to in subsection (1) was not the sole or principal reason for the dismissal.
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(3) (a) On a conviction for an offence under this section, the court may, if it thinks fit and the employee concerned is present or represented and consents—
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(i) order the re-instatement by the employer of the employee in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal, together with a term that the re-instatement shall be deemed to have commenced on the day of the dismissal,
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(ii) order the re-engagement by the employer of the employee either in the position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and conditions as are reasonable having regard to all the circumstances, or
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(iii) impose on the convicted person, in addition to a fine imposed under subsection (1), a fine not exceeding the amount which in the opinion of the court the employee would have received from the employer concerned by way of remuneration if the dismissal had not occurred.
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(b) The amount of a fine imposed under paragraph (a) shall be paid to the employee concerned.
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(c) Without prejudice to any right of appeal by any other person, the employee concerned shall have a right of appeal limited to the amount of the fine, either (as the case may be) to the High Court or to the judge of the Circuit Court in whose circuit the district (or any part thereof) of the Justice of the District Court by whom the fine was imposed is situated, and the decision on such an appeal shall be final.
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(d) The payment by a convicted person of a fine imposed under paragraph (a) shall be a good defence to any civil action brought by the employee concerned in respect of the remuneration mentioned in that paragraph.
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