Industrial Relations (Miscellaneous Provisions) Act 2004

Complaints of victimisation.

9.—(1) An employee, a trade union, an excepted body or an employer on behalf and with the consent of the employee, may present a complaint to a rights commissioner that a person has contravened section 8 in relation to the employee.

(2) A complaint under subsection (1) shall be presented by giving notice of it in writing to a rights commissioner.

(3) A copy of a notice under subsection (2) shall be given to the other party or parties concerned by the rights commissioner concerned.

(4) Where a complaint is presented to a rights commissioner under subsection (1) the rights commissioner shall—

(a) give the parties an opportunity to be heard and to present any evidence relevant to the complaint;

(b) give a decision in writing in relation to the complaint;

(c) communicate the decision to the parties, and

(d) furnish the Court with a copy of the decision.

(5) A decision of a rights commissioner under subsection (4) shall do one or more of the following:

(a) declare that the complaint is or, as the case may be, is not well founded;

(b) direct that the conduct the subject of the complaint cease;

(c) require the respondent to pay to the complainant compensation of such amount (if any) as, in the opinion of the rights commissioner, is just and equitable in the circumstances, but not exceeding 2 years remuneration in respect of the employee's employment.

(6) A complaint under this section may not be presented to a rights commissioner after the end of the period of 6 months from the occurrence or, as the case may require, the most recent occurrence of the conduct to which the complaint relates.

(7) Notwithstanding subsection (6), a rights commissioner may entertain a complaint under this section presented to him or her after the expiration of the period referred to in subsection (6) but not later than 6 months after such expiration, if he or she is satisfied that the failure to present the complaint within that period was due to reasonable cause.

(8) Proceedings under this section before a rights commissioner shall be conducted otherwise than in public.

(9) A rights commissioner shall maintain a register of all decisions made by him or her under this section and shall make the register available for inspection by members of the public during normal office hours.

(10) In this section “employee” shall be construed in accordance with section 8 (4).