Who may a compliance surcharge be imposed on, and on what finding must the Labour Relations Commission act?
General information · Not legal advice
Material to check
In a practice file we read the copy of the relief order, or of the retrial determination containing it, and the proof of service showing when the employer received it, together with the paper recording the compliance deadline the order set, since the surcharge turns on non-compliance by that date.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: the Labour Relations Commission shall impose a compliance surcharge on an employer who, after receiving a relief order — expressly including a retrial determination whose content is a relief order — has not complied by the compliance deadline, in an amount up to the maximum the provision sets.
Another reading notes that the provision's subject is the 'employer' only, so the file has to establish who the employer is and that the non-compliance ran past the deadline, a point the provision leaves for other rules rather than settling here.
Your judgment
How could the file show that the party who failed to comply is the employer bound by the relief order?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow who may be ordered to pay, or if a court decision explains when a person counts as the employer for this purpose.