§ 115 — Commissioner’s power to inquire into complaints

115.—(1) Subject to this section, the Commissioner may inquire into and decide any dispute between an employee and his or her employer or any person liable under the provisions of this Act to pay any salary due to the employee where the dispute arises out of any term in the contract of service between the employee and his or her employer or out of any of the provisions of this Act, and pursuant to that decision may make an order in the prescribed form for the payment by either party of such sum of money as the Commissioner considers just without limitation of the amount thereof.(1A) The Commissioner must not inquire into or decide a dispute mentioned in subsection (1) unless —(a)

the dispute is of a type prescribed by regulations made under section 139; or

(b)

a claim is lodged under section 119, in relation to the dispute, before 1 April 2017.[21/2016]

(2) The Commissioner must not inquire into any dispute in respect of matters arising earlier than one year from the date of lodging a claim under section 119 or the termination of the contract of service of or by the person claiming under that section:Provided that the person claiming in respect of matters arising out of or as the result of a termination of a contract of service has lodged a claim under section 119 within 6 months of the termination of the contract of service.

(2A) The Commissioner may direct the parties to a dispute mentioned in subsection (1) to attend a mediation conducted by an approved mediator (as defined in section 2(1) of the Employment Claims Act 2016) or a conciliation officer (as defined in section 2 of the Industrial Relations Act 1960).[21/2016]

(3) The powers of the Commissioner under subsection (1) include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a subcontractor for labour (called in this subsection the claimant) against a contractor or subcontractor for any sum which the claimant claims to be due to the claimant in respect of any labour provided by the claimant under the claimant’s contract with the contractor or subcontractor and to make such consequential orders as may be necessary to give effect to the Commissioner’s decision.

(3A) Where the employee is employed in a managerial or an executive position, an order for the payment of money under subsection (1) must not exceed $20,000.[36/2010]

(3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just.[26/2013]

(3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) must be made no later than 14 days after the date of the order.[26/2013]

(4) In this section, “employer” includes the transferor and the transferee of an undertaking or part thereof referred to in section 18A.

—(1) Subject to this section, the Commissioner may inquire into and decide any dispute between an employee and his or her employer or any person liable under the provisions of this Act to pay any salary due to the employee where the dispute arises out of any term in the contract of service between the employee and his or her employer or out of any of the provisions of this Act, and pursuant to that decision may make an order in the prescribed form for the payment by either party of such sum of money as the Commissioner considers just without limitation of the amount thereof.

(1A) The Commissioner must not inquire into or decide a dispute mentioned in subsection (1) unless —(a)

the dispute is of a type prescribed by regulations made under section 139; or

(b)

a claim is lodged under section 119, in relation to the dispute, before 1 April 2017.[21/2016]

(2) The Commissioner must not inquire into any dispute in respect of matters arising earlier than one year from the date of lodging a claim under section 119 or the termination of the contract of service of or by the person claiming under that section:Provided that the person claiming in respect of matters arising out of or as the result of a termination of a contract of service has lodged a claim under section 119 within 6 months of the termination of the contract of service.

(2A) The Commissioner may direct the parties to a dispute mentioned in subsection (1) to attend a mediation conducted by an approved mediator (as defined in section 2(1) of the Employment Claims Act 2016) or a conciliation officer (as defined in section 2 of the Industrial Relations Act 1960).[21/2016]

(3) The powers of the Commissioner under subsection (1) include the power to hear and decide, in accordance with the procedure laid down in this Part, any claim by a subcontractor for labour (called in this subsection the claimant) against a contractor or subcontractor for any sum which the claimant claims to be due to the claimant in respect of any labour provided by the claimant under the claimant’s contract with the contractor or subcontractor and to make such consequential orders as may be necessary to give effect to the Commissioner’s decision.

(3A) Where the employee is employed in a managerial or an executive position, an order for the payment of money under subsection (1) must not exceed $20,000.[36/2010]

(3B) Subject to subsection (3C), any order made by the Commissioner under subsection (1) in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner, on the application of that party, on such terms as the Commissioner thinks just.[26/2013]

(3C) An application to set aside or vary an order made by the Commissioner referred to in subsection (3B) must be made no later than 14 days after the date of the order.[26/2013]

(4) In this section, “employer” includes the transferor and the transferee of an undertaking or part thereof referred to in section 18A.