31Orders arising from hearings

31 Orders arising from hearings

(1)  [Section 31 Subsection (1) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997] [Section 31 Subsection (1) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997] Subject to this section, where the Commissioner presiding at a hearing under section 29 is of the opinion, after affording the parties at the hearing a reasonable opportunity to make any relevant submissions and considering the views expressed at the hearing, that anything should be required to be done, or that any action should be required to be taken, for the purpose of preventing or settling the industrial dispute in respect of which the hearing was convened, that Commissioner may, by order in writing, direct that that thing is to be done or that action is to be taken.

(1A)  [Section 31 Subsection (1A) amended by No. 104 of 2000, s. 17, Applied:01 Jan 2001] [Section 31 Subsection (1A) amended by No. 18 of 1997, s. 16, Applied:28 Jun 1997] *[Section 31 Subsection (1A) inserted by No. 90 of 1994, s. 9 ]*Before deciding whether or not to make an order in respect of an industrial dispute relating to termination of employment, a Commissioner is to give effect to the provisions of section 30 .

(1B)  [Section 31 Subsection (1B) inserted by No. 18 of 1997, s. 16, Applied:28 Jun 1997] [Section 31 Subsection (1B) substituted by No. 104 of 2000, s. 17, Applied:01 Jan 2001] If a Commissioner, in hearing an industrial dispute relating to termination of employment, finds that an employee or a former employee has been unfairly dismissed, the Commissioner may –

(a) if he or she believes it to be appropriate, order reinstatement or re-employment of the employee or former employee; or

(b) if in the Commissioner's opinion reinstatement or re-employment is impracticable, order that the employer pay the employee or former employee an amount of compensation, instead of reinstatement or re-employment, that the Commissioner considers appropriate in the circumstances, subject to .