CAP. 226
[Rev. 2012]
Employment
(3) If the Minister is satisfied that he does not require a statement under
subsection (1) in order to determine the amount of a debt which was owed to the
employee on the appropriate date and remains unpaid, he may make a payment
in respect of the debt without having received the statement.
(4) The following are relevant officers for the purposes of this section—
(a)
a trustee in bankruptcy or a permanent or interim trustee within the
meaning of the Bankruptcy Act (Cap. 53);
(b)
a liquidator;
(c)
an administrator;
(d)
a receiver or manager;
(e)
a trustee under a composition or arrangement between the
employer and his creditors; and
(f)
a trustee under a trust deed for his creditors executed by the
employer.
71. Complaint to Industrial Court
(1) A person who has applied for a payment under section 66 may present a
complaint to the Industrial Court—
(a)
that the Minister has failed to make the payment; or
(b)
that the payment made by the Minister is less than the amount
which should have been paid.
(2) The Industrial Court shall not consider a complaint under subsection (1)
unless it is presented—
(a)
before the end of the period of three months beginning with the date
which the decision of the Minister on the application was
communicated to the applicant; or
(b)
within such further period as the Industrial Court considers
reasonable in a case where it is not reasonably practicable for the
complaint to be presented before the end of that period of three
months.
(3) Where the Industrial Court finds that the Minister should have made a
payment under section 66, the Industrial Court shall—
(a)
make an award to that effect; and
(b)
declare the amount of any payment which it finds the Minister ought
to make.
72. Transfer of rights and remedies
(1) Where, in pursuance of section 66, the Minister makes a payment to an
employee in respect of a debt to which this Part applies—
(a)
[Issue 1]
on the making of the payment, any rights and remedies of the
employee in respect of the debt or, if the Minister has paid only part
of it, in respect of that part becomes rights and remedies of the
Minister; and
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