s.79Awards and penalties: enforcement
79
Section 79Part 10 — ADMINISTRATION AND DISPUTE SETTLEMENT

Awards and penalties: enforcement

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A person who refuses or neglects to comply with a decision or order of an Employment Tribunal is guilty of an offence.
An award made by an Employment Tribunal for a sum of money may be enforced in the same manner as a judgment of the summary court or Grand Court for the payment of a sum of money, and using the same personnel.
Where an Employment Tribunal finds an employer to be in violation of this or any other employment-related Law and it is found that the same employer, in the two years immediately preceding the date of the violation before the Tribunal, committed a violation of a similar nature and was accordingly adjudicated to be in violation, it may, in addition to any other order made to redress the complaint, order a penalty to be paid to the employee.
The amount of the penalty referred to in subsection (3) shall be in the discretion of the Tribunal, which shall take into account all the circumstances of the case, including the two-year history of the employer concerned, but the penalty shall not exceed twelve weeks' pay of the aggrieved employee.
A penalty shall not be awarded solely by reason that the employer concerned committed a violation of a similar nature in the two years immediately preceding the date of the violation before the Tribunal.
Subsection (2) applies also to penalties levied under this Law.
An Employment Tribunal shall have the jurisdiction to hear and determine any matter relating to any dispute concerning any rights conferred by or under this Law and may make such decisions and orders as may be necessary or expedient to give effect to those rights.

Defined Terms

awardpenaltyviolation

Cross References

Referenced By