AI Summary of 6. Decision under section 41 or 44 of Act of 2015
A decision made by an adjudication officer under section 41 of the Act of 2015 regarding complaints of contraventions of specified subsections shall involve one or more actions: (a) a declaration on the validity of the complaint; (b) a requirement for the employer to undertake specific actions, which may include re-instatement or re-engagement; (c) a directive for the employer to pay compensation to the employee as detailed in subsection (2). The adjudication officer must determine the compensation amount as just and equitable while ensuring the maximum does not exceed a specified limit based on the employee's remuneration.
A Labour Court's decision under section 44 of the Act, in relation to an appeal against an adjudication officer's decision, shall either affirm, vary, or annul the adjudication officer's ruling. References to 'employer' and 'employee' in this context also encompass former employers and former employees. Terms such as 'adjudication officer' and 'remuneration' hold specific definitions as per the Act of 2015.
6. Decision under section 41 or 44 of Act of 2015
(1) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint of a contravention of subsection (3), (4) or (5) of section 5 or section 8, as the case may be, shall do one or more of the following, namely:
(a) declare that the complaint was or, as the case may be, was not well founded;
(b) require the employer to take a specified course of action, which may include re-instatement or re-engagement;
(c) require the employer to pay to the employee compensation in accordance with subsection (2).
(2) An award of compensation referred to in subsection (1) shall be of such amount as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed in any case where the complainant was in receipt of remuneration -
(a) at the date of the reference of the complaint, or
(b) if the reference of the complaint occurs after the date of dismissal or retirement, at the date of dismissal or retirement as the case may be, an amount equal to the greater of -