| (1) |
Except where this Act provides otherwise, the Labour Court may make any appropriate order including— |
| (b) |
subject to the provisions of this Act, condoning the late filing of any document with, or the late referral of any dispute to, the Labour Court; |
| (c) |
directing the CCMA to conduct an investigation to assist the Court and to submit a report to the Court; |
| (d) |
awarding compensation in any circumstances contemplated in this Act; |
| (e) |
awarding damages in any circumstances contemplated in this Act; |
| (f) |
ordering compliance with any provision of this Act, including a request made by the Director-General in terms of section 43(2) or a recommendation made by the Director-General in terms of section 44(b); |
| (g) |
imposing a fine in accordance with Schedule 1 for a contravention of certain provisions of this Act; |
| (h) |
reviewing an administrative action in terms of this Act on any grounds that are permissible in law; |
[Paragraph (h) substituted by section 19(a) of Act No. 47 of 2013]
| (i) |
in an appeal under section 40, confirming, varying or setting aside all or part of an order made by the Director-General in terms of section 39; and |
| (j) |
dealing with any matter necessary or incidental to performing its functions in terms of this Act. |
| (2) |
If the Labour Court decides that an employee has been unfairly discriminated against, the Court may make any appropriate order that is just and equitable in the circumstances, including— |
| (a) |
payment of compensation by the employer to that employee; |
| (b) |
payment of damages by the employer to that employee; |
| (c) |
an order directing the employer to take steps to prevent the same unfair discrimination or a similar practice occurring in the future in respect of other employees; |
| (d) |
an order directing an employer, other than a designated employer, to comply with Chapter III as if it were a designated employer; |
| (e) |
an order directing the removal of the employer's name from the register referred to in section 41; and |
| (f) |
the publication of the Court's order. |
| (3) |
The Labour Court, in making any order, may take into account any delay on the part of the party who seeks relief in processing a dispute in terms of this Act. |
| (4) |
If the Labour Court declares that the medical testing of an employee as contemplated in section 7 is justifiable, the court may make any order that it considers appropriate in the circumstances, including imposing conditions relating to— |
| (a) |
the provision of counselling; |
| (b) |
the maintenance of confidentiality; |
| (c) |
the period during which the authorisation for any testing applies; and |
| (d) |
the category or categories of jobs or employees in respect of which the authorisation for testing applies. |
| (5) |
A fine payable in terms of this Act must be paid into the National Revenue Fund referred to in section 213 of the Constitution. |
[Subsection (5) inserted by section 19(b) of Act No. 47 of 2013]
Protection of Businesses Act, 1978
