51Determinations

51 Determinations

51 Determinations

(1) The Commissioner must determine a complaint made under section 39 (1) or (2)—

(a) by cautioning or reprimanding the person against whom the complaint has been made, or

(b) by ordering the person against whom the complaint has been made to make such redress (otherwise than by way of damages for breach of contract) as the Commissioner considers appropriate, or

(c) by varying, suspending or cancelling the apprenticeship or traineeship to which the complaint relates, or

(d) by dismissing the complaint.

(2) A complaint must not be determined as referred to in subsection (1) (a), (b) or (c) unless the Commissioner is satisfied that the person against whom the complaint has been made—

(a) has failed to discharge his or her obligations under the apprenticeship or traineeship to which the complaint relates, or

(b) has failed to comply with the requirements of this Act.

(3) The Commissioner must not suspend or cancel an apprenticeship or traineeship under subsection (1) unless the Commissioner is satisfied that—

(a) one of the parties is unlikely to discharge his or her obligations under the apprenticeship or traineeship, and

(b) if that party is the employer—

(i) the other party is unwilling to allow another employer to assume those obligations, or

(ii) no other employer can be found who is willing to assume those obligations.

(4) The Commissioner must determine a complaint made under section 39 (3)—

(a) by directing that the requirement for consent referred to in that subsection be waived, or

(b) by dismissing the complaint.

(5) The Commissioner must give notice of the Commissioner’s determination to each of the parties to the hearing.

(6) On the making of a determination that varies, suspends or cancels an apprenticeship or traineeship, the apprenticeship or traineeship is taken to be varied, suspended or cancelled, as the case may be, in accordance with the determination.