Chapter V Monitoring, Enforcement and Legal Proceedings
Part A Enforcement
39. Objections against compliance order

 

 

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1)       A designated employer may object to a compliance order by making written representations to the Director-General within 21 days after receiving 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 the designated employer's representations and any other relevant information, the Director-General-

a)       may confirm, vary or cancel all or any part of the order to which the employer objected; and

b)       must specify the time period within which that employer must comply with any part of the order that is confirmed or varied.

 

4)       The Director-General must, after making a decision in terms of subsection (3), and within 60 days after receiving the employer's representations, serve a copy of that decision on that employer.

 

5)       A designated employer who receives an order of the Director-General must either-

a)       comply with that order within the time period stated in it; or

b)       appeal against that order to the Labour Court in terms of section 40.

 

6)       If a designated employer does not comply with an order of the Director-General, or does not appeal against that order, the Director-General may apply to the Labour Court for that order to be made an order of the Labour Court.