5. Maternity and Paternity Rights
(1) Where an Employer refuses to permit an Employee to exercise any rights the Employee may have to take maternity or adoption leave under Section 33 or paternity leave under Section 35(1), or the Employer fails to comply with Section 36, 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.
(2) Where an Employer fails to pay an Employee during maternity or adoption leave in accordance with Section 34, or fails to pay an Employee during paternity leave in accordance with Section 35(2), 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 a sum equal to the aggregate sum that the Employer was obliged to pay to the Employee under the applicable Section (or, where the Employer has paid the Employee during such period of leave but such payment is less than that required under the applicable Section, a sum equal to the difference between the aggregate of the payment made by the Employer and the aggregate of the sums required under the applicable Section).