213Enforcement

213 Enforcement

213 Enforcement

(1) The Commission may, by order, enforce the provisions of this Part on the application of an industrial organisation or by any person affected by a contravention of this Part.

(2) The Commission may, in particular, for that purpose do any one or more of the following—

(a) order the reinstatement or re-employment of an employee,

(b) order the employer to promote or otherwise advance an employee in his or her employment,

(c) order the employer to pay an employee or prospective employee the whole or any part of the amount of remuneration or other financial benefits lost or foregone,

(d) order the employer to employ a prospective employee,

(e) order the employer not to carry out a threat to victimise an employee or not to make any further such threat,

(f) order an industrial organisation (or its officials or employees) to take any particular action or to cease any particular activity,

(g) make consequential orders (including orders concerning continuity of service).

(3) An application for an order under this section must be made within 21 days after the contravention concerned.

(4) The Commission may accept an application that is made out of time if the Commission considers there is sufficient reason to do so, having regard in particular to—

(a) the reason for, and the length of, the delay in making the application, and

(b) any hardship that may be caused to the applicant or other party if the application is or is not rejected, and

(c) the conduct in relation to which the order is sought.

(5) In proceedings under this section to enforce the provisions of section 210—

(a) it is presumed that an employee or prospective employee who suffers a detriment as a result of action by the employer or industrial organisation was victimised because of a matter referred to in section 210 alleged by the applicant to be the cause of the detrimental action, and

(b) the presumption is rebutted if the employer or industrial organisation satisfies the Commission that, objectively, the alleged matter was not a substantial and operative cause of the detrimental action, and