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Section 66, The Industrial Relations and Trade Union Act, 2024

Status not yet checkedThe Industrial Relations and Trade Union Act, 2024, Sierra Leone

(1) The Commissioner shall settle by conciliation anddecide complaints by - (a) a person alleging an infringement of this Act; and (b) either party to a contract of employment alleging that the other party is in breach of obligations owed under that contract. (2) The Commissioner shall, have the power to in the case of - (a) an infringement of this Act, - (i) order a party to comply with this Act and to put the disadvantaged party back into the position it would have been prior to the breach; and (ii) award further compensation on a basis it considers just and equitable. (b) a breach of obligations owed under a contract of employment, order a party to - (i) respect the obligations owed in accordance with the terms of the contract and put the disadvantaged party back into the position it would have been prior to the breach; and (ii) award further compensation on a basis it considers just and equitable. (3) The Commissioner shall not make an order under subsection (3) that will result in double recovery for the aggrieved party where he has found both an infringement of the Act and a breach of obligations owed under a contract of employment. (4) The jurisdiction of the Commissioner under subsection (2) shall not extend to a claim in tort arising out of the employment relationship. (5) Where, within 30 days of the submission of a complaint under this Act to the Commissioner, he has not issued a decision on the complaint or dismissed it, the complainant may pursue the claim before the Industrial Court. (6) The Commissioner shall state the reasons for a decision taken on a complaint.

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