Chapter 10 : Monitoring, enforcement and legal proceedings

Part 1 : Monitoring and enforcement

71. Objections to compliance order

(1)           An employer may object to a compliance order by making representations in writing to the Director-General within 21 days of receipt of that order.

(2)           If the employer shows good cause at any time, the Director-General may permit the employer to object after the period of 21 days has expired.

(3)           After considering any representations by the employer and any other relevant information, the Director-General—

(b)          may confirm, modify or cancel an order or any part of an order; and

(c)           must specify the period within which the employer must comply with any part of an order that is confirmed or modified.

(4)           The information that the Director-General must consider includes—

(a)          any evidence concerning the employer’s compliance record;

(b)          the likelihood that the employer was aware of the relevant provisions; and

(c)           the steps taken by the employer to ensure compliance with the relevant provision.

(5)           The Director-General must serve a copy of the order made in terms of subsection (3) on the employer and on each employee affected by it or, if this is impractical, on a representative of the employees.

(6)           If the Director-General confirms or modifies the order or any part of the order, the employer must comply with that order within the time period specified in that order.