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 > > > > > (c) for paragraph (b), the Commission may have regard to conscious and unconscious factors for the alleged matter when determining if the alleged matter was not a substantial and operative cause of the detrimental action. > > **s 213:** Am 2025 No 42, Sch 1\[16\].