Amendment of Section 495

In Section 49 (remedies)—

a

in subsection (1), after “section 48(1),” insert “(1XA),”;

b

in subsection (2), after “Subject to subsections” insert “(5ZA),”;

c

after subsection (5) insert—

5ZA

Where—

a

the complaint is made under section 48(1XA),

b

the detriment to which the worker is subjected is the termination of his or her contract, and

c

that contract is not a contract of employment,

any compensation must not exceed the compensation that would be payable under Chapter II of Part X if the worker had been an employee and had been dismissed for the reason specified in section 100.