(1) An employee whose contract of employment does not as a condition of employment require night work may only be assigned night work where he or she consents to perform such work.
(2) Subject to section 36, where an employee refuses to perform night work which is not specified in his or her contract of employment, his or her employer shall not reduce the employee's remuneration, dismiss, penalize or discriminate against the employee in any way for refusing such night work.
(3) An employer who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $5,000.