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Section 12: Labour Officer Powers to Investigate Complaints

12.Power of labour officer to investigate and dispose of complaints

(1)A labour officer to whom a complaint has been made under this Act shall have the power toβ€”

(a)investigate the complaint and any defence put forward to such a complaint and to settle or attempt to settle any complaint made by way of conciliation, arbitration, adjudication or such procedure as he or she thinks appropriate and acceptable to the parties to the complaint with the involvement of any labour union present at the place of work of the complainant;

(b)require the attendance of any person as a witness or require the production of any document relating to the complaint after reasonable notice has been given;

(c)hold hearings in order to establish whether a complaint is or is not well founded in accordance with this Act or any other law applicable and the labour officer shall, while conducting the hearing employ the most suitable means he or she considers best able to clarify the issues between the parties;

(d)presume the complaint settled if the complainant fails to appear within a specified period; or

(e)adjourn the hearing to another date.

(2)The labour officer shall, while exercising the powers under paragraph (a) state the reasons for his or her decision on a complaint.

Plain English Summary

You have the right to make a complaint to a labour officer under the Employment Act. The labour officer must investigate your complaint and try to set...

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