Prevention of evasion

(1) Any provision of a contract of employment, express or implied, made in, or which would result in, contravention of section 3 (1) of this Act, shall be void and in lieu thereof the provisions of section 3 shall be deemed to apply. (2) The acceptance by an employee of remuneration in contravention of section 3 shall not be, (a) a defence to any action by that employee to recover remuneration at a different rate as provided for in this Act; (b) a bar to any proceedings under this Act; or (c) a defence to any prosecution under this Act. (3) No employer shall dismiss any employee because that employee has made a complaint or given evidence or assisted 10 in any way in relation to the initiation or prosecution of a complaint or other proceeding under this Act or because that employee’s remuneration, as respects any period before the appointed day, is likely to be regulated by this Act. (4) Any person who contravenes subsection (3) of this section, commits an offence and shall be liable on summary conviction for a first offence to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months and for a second or subsequent offence to imprisonment for a term not exceeding six months.