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