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Industrial Relations Act 2016
sec.562Appeal against stand-downs
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### sec.562 Appeal against stand-downs
An employee stood down by an employer under section 333 , may appeal to the commission against the stand-down.
If the employee is a member of an employee organisation, the organisation may start and conduct the appeal for the employee.
The commission may—
dismiss the appeal; or
allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or
if the employee remains stood down at the time of the commission’s decision—
allow the appeal; and
order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and
make an order about payment of wages mentioned in paragraph (b) .
If the commission makes an order under subsection (3) (b) , it may include in the order provisions for its enforcement, other than by imprisonment, as if—
the commission were an Industrial Magistrates Court; and
the member who makes the order were a magistrate.
The order may be filed with the clerk of a Magistrates Court and on filing may be enforced as an order made by a magistrate.
(sec.562-ssec.1) An employee stood down by an employer under section 333 , may appeal to the commission against the stand-down.
(sec.562-ssec.2) If the employee is a member of an employee organisation, the organisation may start and conduct the appeal for the employee.
(sec.562-ssec.3) The commission may— dismiss the appeal; or allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or if the employee remains stood down at the time of the commission’s decision— allow the appeal; and order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and make an order about payment of wages mentioned in paragraph (b) .
(sec.562-ssec.4) If the commission makes an order under subsection (3) (b) , it may include in the order provisions for its enforcement, other than by imprisonment, as if— the commission were an Industrial Magistrates Court; and the member who makes the order were a magistrate.
(sec.562-ssec.5) The order may be filed with the clerk of a Magistrates Court and on filing may be enforced as an order made by a magistrate.
- (a) dismiss the appeal; or
- (b) allow the appeal and order the employee be paid, within a stated period, the wages lost by the employee because of the stand-down; or
- (c) if the employee remains stood down at the time of the commission’s decision— (i) allow the appeal; and (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and (iii) make an order about payment of wages mentioned in paragraph (b) .
- (i) allow the appeal; and
- (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and
- (iii) make an order about payment of wages mentioned in paragraph (b) .
- (i) allow the appeal; and
- (ii) order the employer to provide for the resumption of work by the employee, immediately or on a stated day; and
- (iii) make an order about payment of wages mentioned in paragraph (b) .
- (a) the commission were an Industrial Magistrates Court; and
- (b) the member who makes the order were a magistrate.