New section 47H of the ERA 1996 makes provision for a worker not to be subjected to any detriment by the employer on the grounds that:
the worker accepted – or proposed to accept – an offer of guaranteed hours made as a result of the duty to make such offer under section 27BA(1) of the ERA 1996;
the worker rejected – or proposed to reject – an offer of guaranteed hours made as a result of the duty to make such offer under section 27BA(1) of the ERA 1996. This includes cases where a worker is treated as having rejected an offer as they have not responded;
the worker declined to work a shift based on a reasonable belief that the employer failed to comply with a duty under section 27BJ or section 27BK of the ERA 1996 (inserted by section 2) to provide reasonable notice in relation to that shift. For example, an employer must not stop offering the worker hours or reduce the worker’s hours on the basis that the worker has refused to work such a shift, as this will amount to "detriment". Detriment for the purposes of this section could also include an employer suing a worker for breach of a term of their contract that requires them to work a shift that is notified to the worker with, what the worker reasonably believes to be, unreasonable notice in breach of section 27BJ or 27BK;
the worker brought proceedings against the employer for breach of the provisions inserted by sections 1 to 3 and 5 (under section 27BG, section 27BN, section 27BT or section 27BY(5) of the ERA 1996), whether or not the worker referred to the possibility of bringing such proceedings. It is immaterial whether or not the employer failed to comply with the duties they are alleged to have breached but the claim must be made in good faith;
the worker alleged that there were circumstances which will constitute grounds for bringing such proceedings. Again, it is immaterial whether or not the employer failed to comply with the duties they are alleged to have breached but the claim must be made in good faith; or
the worker is, or that the employer believes the worker is, entitled to a guaranteed hours offer.
	Under subsection (5), this section does not apply where the worker is an employee, and the detriment amounts to dismissal within the meaning of Part 10 of the ERA 1996 (because an employee in such a case can bring a claim for unfair dismissal in line with new section 104BA of the ERA 1996 in relation to guaranteed hours claims).
Part 1: Employment Rights Zero hours workers, etc New Section 47H