s.26Complaints to the Director of Labour
26
Section 26Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION

Complaints to the Director of Labour

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

Subject to subsections (2) and (4), as an alternative to any other remedy under this legislation, an employee may elect to file a complaint with the Director of Labour under the Labour Law (2011 Revision) on the ground that he has been subjected to detrimental action in contravention of section 19 and the Director of Labour shall, upon receipt of such a complaint, refer the matter forthwith to a labour tribunal.
An employee shall, prior to filing a complaint under subsection (1), apply to the designated authority to determine whether a disclosure is protected and shall only be entitled to file a complaint under subsection (1) if the designated authority determines that the disclosure is a protected disclosure.
A labour tribunal shall consider a complaint made under subsection (1) in accordance with this Law and procedures prescribed by regulations under this Law.
For the purposes of this section and sections 27 and 28 "employee" means a person whose employment is regulated by the Labour Law (2011 Revision).
A hearing before the labour tribunal may be held in camera at the request of any party if the party establishes to the satisfaction of the labour tribunal that the circumstances of the case so require.
On application, the labour tribunal shall determine whether the complainant has been subject to detrimental action and, if it so determines, the labour tribunal may make an order granting a remedy specified in section 27 to the complainant.
A person aggrieved by a decision as to a remedy of the labour tribunal under section 27 may, within twenty-one days of the date on which notice of the decision is received, appeal to the Grand Court against the decision.

Defined Terms

employeedesignated authority

Cross References