58Order for payment to worker on finding of guilt

58 Order for payment to worker on finding of guilt

(1) If the court finds an employer for a covered industry guilty of an offence against this Act and that the employer has failed to pay all or any part of a levy payable by the employer under this Act in relation to a worker, the court may order the employer to pay the worker an amount equivalent to the amount the Authority would have paid the worker if the employer had paid the levy, less any amount paid by the Authority to the worker.

(2) If the court finds a person (other than an employer) guilty of an offence against a provision specified in section 71, the court may order the person to pay a worker an amount that the Authority would have paid the worker but for the offence, less any amount paid by the Authority to the worker.

(3) Making an order under subsection (1) or (2) is in addition to imposing a penalty for the offence.

(4) An order under this section may be enforced as if it were an order made by the court in a civil proceeding.

(5) Interest is payable on an amount ordered to be paid under subsection (1) or (2) at the rate fixed from time to time under section 2 of the Penalty Interest Rates Act 1983 and calculated from the date on which the amount is ordered to be paid until the date on which the amount is paid or recovered.

(6) If an amount referred to in subsection (1) or (2) remains to be paid after all reasonable means of civil enforcement have been tried, the order may be enforced as if it were a penalty imposed by the court.

(7) In this section—

court means the Industrial Division of the Magistrates' Court;

employer includes a former employer;

worker includes a former worker.

Division 3—Authorised officers