19Payment of portion of fine or compensation to employee

##### 19 Payment of portion of fine or compensation to employee (1) Where an employer is convicted of an offence under this Division: (a) the court may order that a portion of the fine imposed shall be paid to the employee or former employee concerned; and (b) whether or not an order has been made under the last preceding paragraph, the court may order that the employer shall pay to the employee or former employee such compensation as the court thinks reasonable. (2) In determining the amount of any compensation under the last preceding subsection the court shall, where necessary, have regard to: (a) the nature of the employment in respect of which the offence occurred; (b) the duration of that employment and whether, but for the offence, it was likely to have been permanent employment for that employee or former employee; (c) the prospects of the employee or former employee in respect of that employment; and (d) any other factors which the court considers relevant. (3) The like proceedings may be taken upon an order under paragraph (b) of subsection (1) of this section as if the order were a judgment or order of the court in favour of the employee or former employee.