STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 60F Orders ancillary to conviction

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 60F

60F Orders ancillary to conviction

(1) A court that convicts an employer of an offence under this Part may (with the concurrence of the victimised person concerned) make an order in terms of any one or more of the following--

(a) directing the employer to pay the victimised person a specified sum by way of reimbursement for any salary, wages or other remuneration lost by the person because of the victimisation,

(b) directing the employer to reinstate the victimised person to the employment of the employer in the position the person held immediately before any dismissal or any alteration to his or her employment or in a similar position,

(c) declaring void, in whole or in part, a contract pursuant to which the victimised person is engaged by the employer,

(d) varying, in whole or in part, any provision of a contract pursuant to which the victimised person is engaged by the employer,

(e) directing payment to the victimised person, within a specified time, by the employer, of an amount that does not exceed the amount that the person would otherwise have received under the contract pursuant to which the victimised person was engaged by the employer,

(f) directing payment to the victimised person, within a specified time, by the employer, of other damages in such sum as appears to the court appropriate to compensate the victimised person for other loss suffered by the person,

(g) directing the employer to take such other measures as the court considers necessary in order to place the victimised person in the position in which the person would have been but for the victimisation.

(2) An order in the terms of subsection (1) (a), (e) or (f) operates as an order against the employer for the payment of money under the Civil Procedure Act 2005 and is enforceable as such an order under that Act.

(3) An employer must give effect to an order in terms of subsection (1) (b) or (g).

: Maximum penalty--30 penalty units.

(4) The amount of salary, wages or other remuneration that would have been payable to a person in respect of any period during which his or her employer fails to give effect to an order in terms of subsection (1) (b) is recoverable, as a debt due to the person by the employer, in any court of competent jurisdiction.