Law library · Sierra Leone · The Industrial Relations and Trade Union Act, 2024
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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