Section 5, The Employment Act, 2023

(1) The Commissioner shall, in the exercise of hisfunctions under this Act, have power to - (a) enter into a workplace for inspection without previous notice; (b) carry out examination, test or inquiry, which he considers necessary, in order to ensure that the rights of workers under this Act have not been violated and in particular to - (i) question, alone or in the presence of witnesses, an employer or staff on any matter under this Act; 8 9 Application. Non application. Powers of (ii) require the production of books, registers or other documents relating to conditions of work and to copy such documents or take extracts from them; (iii) enforce the posting of notices prescribed under this Act; (c) take or remove, for the purpose of analysis, samples of materials and substances used or handled; (d) issue to an employer, an improvement notice or prohibition notice, on such conditions as may be prescribed, to remedy a defect in plant layout or working methods which in his opinion constitutes to be a threat to the health or safety of a worker; (e) order the temporary seal of a workplace or the discontinuation of a work process – (i) for non-compliance with relevant labour laws; or (ii) on an imminent danger to the safety and health of workers; (f) order the closure of a workplace or discontinuation of any work process where an employer fails to remedy a defect under paragraph (d); and (g) institute civil or criminal proceedings in the High Court in respect of a contravention or alleged contravention of this Act or any other law relating to labour and employment. (2) The Commissioner may, for the effective and efficient performance of his functions under this Act, delegate his functions and powers generally or in part, to a director or labour officer authorised under this Act and may, at any time, by notice in writing, revoke such delegation. (3) The Commissioner or a person authorised by him shall notbe personally liable for any act or omission in the exercise of his functions and powers under this Act.