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3. Protection of Wages

Past version: effective from 11/02/2016 - 10/02/2016
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(1) Where an Employer fails to comply with Section 12, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to:
(a) the Employer's default in failing to comply with its obligations under Section 12; and
(b) any loss sustained by the Employee which is attributable to the matters complained of.
(2) Where an Employer fails to comply with Section 13, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to pay to the Employee compensation equal to the last daily wage for each day during which the Employer failed to comply. In the event that an Employee presents a claim to the Court alleging failure by the Employer to comply with Section 13 and the Employer disputes such claim and accordingly fails to comply with Section 13, that failure shall not by itself give rise to any sum payable by the Employer under this Section of these Rules.
(3) Where an Employer makes a deduction from an Employee's wages or accepts a payment from an Employee which in either case is not authorised under Section 14, the Employee may apply to the Court for a declaration to that effect and the Court shall order the Employer to:
(a) pay to the Employee the amount of any deduction made in contravention of Section 14;
(b) repay to the Employee the amount of any payment received by the Employer in contravention of Section 14; and
(c) pay to the Employee (in addition to any sums payable under paragraphs (a) and (b) above) such amount as the Court considers appropriate in all the circumstances to compensate the Employee for any financial loss sustained by the Employee which is attributable to the matter complained of.
(4) Where the Court orders an Employer to pay to the Employee the amount of a deduction made in contravention of Section 14 or orders an Employer to repay to the Employee the amount of any payment received in contravention of Section 14, the Employer shall not be entitled to recover such amounts paid to the Employee by any other means whatsoever.
(5) Where a person fails to comply with Section 15, that person shall, in addition to any sum which may be payable by the Employer to the person seeking employment in accordance with Section 15(3), be liable to a fine not exceeding level 3 on the standard fines scale.