sec.88Appeal to industrial magistrate

sec.88 Appeal to industrial magistrate

A person mentioned in section 87 (1) may appeal to an industrial magistrate— instead of taking action under that section; or if dissatisfied with a decision of the authority under section 87 (2) . An appeal to an industrial magistrate about a decision, determination, direction or notice made or given by the authority, or the accuracy of a notice given to a person under this Act, must be started— if action is not taken under section 87 (1) —within the period prescribed under section 87 (1) (c) or (d) ; or if action is taken under section 87 (1) —within 28 days after notice of the authority’s decision under section 87 (2) is given to the person. A regulation may provide for— the way an appeal to an industrial magistrate may be started and conducted; and the powers of an industrial magistrate to summon witnesses and documents. In deciding an appeal, the industrial magistrate may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate. In substituting another decision, the industrial magistrate has the same powers as the authority. If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be the authority’s decision. The industrial magistrate may make an order about costs the magistrate considers just. s 88 amd 1993 No. 66 s 3 sch sub 1994 No. 65 s 31 amd 1995 No. 50 s 3 sch (sec.88-ssec.1) A person mentioned in section 87 (1) may appeal to an industrial magistrate— instead of taking action under that section; or if dissatisfied with a decision of the authority under section 87 (2) . (sec.88-ssec.2) An appeal to an industrial magistrate about a decision, determination, direction or notice made or given by the authority, or the accuracy of a notice given to a person under this Act, must be started— if action is not taken under section 87 (1) —within the period prescribed under section 87 (1) (c) or (d) ; or if action is taken under section 87 (1) —within 28 days after notice of the authority’s decision under section 87 (2) is given to the person. (sec.88-ssec.3) A regulation may provide for— the way an appeal to an industrial magistrate may be started and conducted; and the powers of an industrial magistrate to summon witnesses and documents. (sec.88-ssec.4) In deciding an appeal, the industrial magistrate may— confirm the decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the authority with directions the industrial magistrate considers appropriate. (sec.88-ssec.5) In substituting another decision, the industrial magistrate has the same powers as the authority. (sec.88-ssec.6) If the industrial magistrate substitutes another decision, the substituted decision is taken, for this Act, to be the authority’s decision. (sec.88-ssec.7) The industrial magistrate may make an order about costs the magistrate considers just.