52Remedy of employees

### 52 Remedy of employees > > (1)  *\[Section 52 Subsection (1) amended by No. 90 of 1994, s. 10 \]*Where a person is convicted of an offence under any of the foregoing provisions of this Division or [section 31](#GS31@EN) [(5)](#GS31@Gs5@EN) , the court by which he is convicted shall, in addition to imposing a penalty for the offence, order the person convicted to pay to any person in respect of whom the offence was committed – > > > > > > (a) [*\[Section 52 Subsection (1) amended by No. 18 of 1997, s. 24, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS24@Hpa@EN) any sums due to that person in connection with his employment with the person convicted for the 2 years preceding the institution of proceedings for the offence; and > > > > > > > (b) such further sum by way of compensation for the failure to pay those sums as the court considers reasonable. > > > (2)  *\[Section 52 Subsection (2) amended by No. 59 of 1992, s. 35 \]*For the purposes of [subsection (1)](#GS52@Gs1@EN) [(a)](#GS52@Gs1@Hpa@EN) , there shall be deemed to be due to any person in respect of his employment the amount by which the remuneration to which he is entitled pursuant to [section 49](#GS49@EN) , [50](#GS50@EN) , [79](#GS79@EN) or [81](#GS81@EN) in respect of that employment exceeds the amount actually paid to him by his employer in respect of that employment. > > > (3)  *\[Section 52 Subsection (3) amended by No. 59 of 1992, s. 35 \]*Where an employee is, pursuant to [section 49](#GS49@EN) , [50](#GS50@EN) , [79](#GS79@EN) or [81](#GS81@EN) , entitled to any remuneration in respect of his employment, he may, notwithstanding any agreement to the contrary, recover that remuneration, to the extent that it has not been paid to him, or ordered to be paid to him under this section, as remuneration due to him under his contract of employment. > > > (4)  [*\[Section 52 Subsection (4) amended by No. 18 of 1997, s. 24, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS24@Hpb@EN) *\[Section 52 Subsection (4) inserted by No. 59 of 1992, s. 35 \]*If a person is convicted of an offence under this Division in respect of the non-payment by that person of any sum payable into a superannuation fund on behalf of a person in accordance with an award or a registered agreement, the court by which that person is convicted must, in addition to imposing a penalty for the offence, order the person convicted to pay to or on behalf of the person in respect of whom the offence was committed – > > > > > > (a) any sum payable in respect of superannuation; and > > > > > > > (b) any such further sum by way of compensation for interest foregone or financial loss incurred as a result of the failure to pay that sum as the court considers reasonable.