4. Working Time and Leave
Past version: effective from 11/02/2016 - 10/02/2016
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(1) Where an Employer fails to comply with any of Sections 16 to 18 inclusive, it shall be liable to a fine not exceeding level 3 on the standard fines scale.
(2) Where an Employer refuses to permit an Employee to exercise any rights the Employee has under Sections 19, 20, 21, 22, 27, 28, 29, 30 and 31 (or pro-rata entitlements to such rights under Section 32), 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 refusing to permit the Employee to exercise his right(s); and
(b) any loss sustained by the Employee which is attributable to the matters complained of.
(3) Where either the Employer or the Employee has failed to pay to the other an amount due in respect of accrued but untaken vacation leave (or excessive vacation leave) on termination of employment under Section 23, the Employer or Employee to whom such payment is due may apply to the Court for a declaration to that effect and the Court shall order the Employer or Employee from whom such payment is due (as applicable) to pay to the Employer or Employee to whom such payment is due (as applicable) a sum equal to the sum it finds to be due under Section 23.