Order for payment of arrears or compensation on conviction
28 Order for payment of arrears or compensation on conviction
If the Industrial Division of the Magistrates' Court finds an employer guilty of an offence against this Act and that the employer owes an amount to the employee in relation to long service leave, the Court may order the employer to pay the employee any amount still owing to the employee, in addition to imposing a penalty for the offence.
If the Industrial Division of the Magistrates' Court finds a person (other than an employer) guilty of an offence against a provision that is specified in section 43(2), the Court may order the person to pay an employee compensation equivalent to the amount still owing to the employee as a result of the offence, in addition to imposing a penalty for the offence.
Section 26(6), (7) and (8) applies to this section.
An order under this section may be enforced as if it were an order made by the Industrial Division of the Magistrates' Court in a civil proceeding.
If an amount referred to in subsection (1) or (2) remains to be paid after all reasonable means of civil enforcement have been tried, the order may be enforced as if it were a penalty imposed by the Industrial Division of the Magistrates' Court.
Nothing in this section limits an employee's rights under section 26, and nothing in that section limits the power of the Industrial Division of the Magistrates' Court under this section.
In this section—
employee includes a former employee;
employer includes a former employer.
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