Section 27Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION
Remedies for detrimental action
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where, upon hearing a complaint of detrimental action, a labour tribunal has determined that the employee has suffered detriment it may, by order, require the employer to take one or more of the following measures to —
permit the employee to return to his duties;
reinstate the employee or pay compensation to the employee in lieu of reinstatement if, in the tribunal's opinion, the relationship of trust between the parties cannot be restored;
pay to the employee compensation in an amount not greater than the amount that, in the tribunal's opinion, is equivalent to the damage that the employee has suffered by reason of the reprisal;
rescind any measure or action, including any disciplinary action, and pay compensation to the employee in an amount not greater than the amount that, in the tribunal's opinion, is equivalent to any financial or other penalty imposed on the employee;
pay to the employee an amount equal to any expenses and any other financial losses incurred by the employee as a direct result of the reprisal; or
compensate the employee, by an amount of not more than ten thousand dollars, for any pain and suffering that the employee experienced as a result of the reprisal.
Referenced By
- Section 26 — Complaints to the Director of Labour
remedies for detrimental action