Chapter 10 : Monitoring, enforcement and legal proceedings

Part 1 : Monitoring and enforcement

66. Powers to question and inspect

(1)           In order to monitor or enforce compliance with an employment law, a labour inspector may—

(a)          require a person to disclose information, either orally or in writing, and either alone or in the presence of witnesses, on any matter to which an employment law relates, and require that the disclosure be made under oath or affirmation;

(b)          inspect, and question a person about, any record or document to which an employment law relates;

(c)           copy any record or document referred to in paragraph (b), or remove these to make copies or extracts;

(d)          require a person to produce or deliver to a place specified by the labour inspector any record or document referred to in paragraph (b) for inspection;

(e)          inspect, question a person about, and if necessary remove, any article, substance or machinery present at a place referred to in section 65;

(f)            inspect or question a person about any work performed; and

(g)          perform any other prescribed function necessary for monitoring or enforcing compliance with an employment law.

(2)           A labour inspector may be accompanied by an interpreter and any other person reasonably required to assist in conducting the inspection.

(3)           A labour inspector must—

(a)          produce on request the certificate referred to in section 63(3);

(b)          provide a receipt for any record, document, article, substance or machinery removed in terms of subsection (1)(c) or (e); and

(c)           return anything removed within a reasonable period of time.

(4)           The powers provided for in this Part are in addition to any power of a labour inspector in terms of any other employment law.