Section 75Part 9 — Administration
Procedure to be followed on a complaint to Director
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Upon receipt of a complaint the Director shall, within thirty days, notify the employer concerned, and shall give that person a copy of the complaint and of any documents filed in support thereof, and shall invite that person's written representations upon the complaint.
The Director shall consider the complaint and any representations upon the complaint made by the employer and make a report on the complaint to the Labour Tribunal.
A report of the Director to a Labour Tribunal may recommend —
that the complaint be dealt with by a hearing held by a Labour Tribunal; or
that assistance offered by or on behalf of the Director to the complainant and employer, by way of conciliation or by other means, should be pursued in lieu of or before any hearing of the complaint by a Labour Tribunal.
Within twenty-one days after receiving a report from the Director recommending that a Labour Tribunal hold a hearing of the complaint, a Labour Tribunal shall fix a date for the hearing of the complaint to be held within the second or third month next following its receipt of the report.
The date of the hearing shall be notified forthwith to the employee and to the employer, who shall both be invited to attend.
If any party fails to attend the hearing, a Labour Tribunal shall nevertheless hear any other party attending, and shall proceed to consider the case on the basis of the complaint, the hearing and any written representations made by the party failing to attend.
A Labour Tribunal shall give a reasoned decision in writing within twenty-eight days of the conclusion of the hearing. A copy of its decision shall be delivered to all parties invited to attend under subsection (6).
Defined Terms
complaintemployeremployee
Cross References
- Section 79 of Labour Act
subject to section 79