Regulations

(1) The Minister may make regulations generally for giving effect to this Act and, without prejudice to the generality of the foregoing, such regulations may provide for, (a) the furnishing of information which the Labour Commissioner may require from time to time to enable the Labour Commissioner to review the operation of this Act; (b) the amendment, repeal or replacement of the Schedule; (c) any matter required by this Act to be prescribed. (2) Any regulations made pursuant to subsection (1) (b) of this section, shall be subject to negative resolution. 14 SCHEDULE EQUAL PAY ACT Mediation Procedure (Section 3(5)) 1. Any person claiming to be aggrieved because of an alleged breach of section 3 of this Act, or any person on behalf of that person, may make a complaint to the Labour Commissioner. Complaints. Reference to assigned officer for settlement. 2. Where, pursuant to a complaint under paragraph 1 or pursuant to any other information coming to the attention of the Labour Commissioner, the Labour Commissioner is of the opinion that a breach of section 3 of this Act, may have occurred, the Labour Commissioner may direct a designated officer to investigate the alleged breach and to attempt to effect a settlement between the persons affected by, or concerned with, the alleged breach. Report of assigned officer. 3. A designated officer shall, within sixty days of receiving a direction under paragraph 2, report to the Labour Commissioner as to the results of the investigation and to the officer’s success in attempting to effect a settlement between the persons affected by, or concerned with, the alleged breach. Reference to referee if no settlement reached. 4. Where a designated officer fails to effect a settlement between persons affected by, or concerned with, the alleged breach the Labour Commissioner may refer the matter for review by a referee. Procedure of referee. 5. A referee, (a) shall give full opportunity to all parties affected by, or concerned with, the alleged Equal Pay 15 breach to present evidence and make representations to the referee; and (b) may determine the procedure to be followed and, subject to subparagraph (a), the evidence to be received and accepted, whether or not that evidence would be admissible in a court of law. Report of referee. 6. The referee shall submit a report to the Labour Commissioner and recommend to the Labour Commissioner the course that the referee thinks should be taken with respect to the alleged breach. Publication of report. 7. The Labour Commissioner shall furnish a copy of the report and recommendation of the referee to each of the persons affected by, or concerned with, the alleged breach and if the Labour Commissioner deems it advisable, may publish the report and recommendation in such manner as the Labour Commissioner thinks fit. 8.-(1) Upon receipt of the report and recommendation of the referee the Labour Commissioner may make such order as the Labour Commissioner deems necessary to carry into effect the recommendation of the referee and without prejudice to the generality of the foregoing may, Order of Labour Commissioner. (a) order the employer concerned in the alleged breach to pay equal pay to employees affected thereby; or (b) order the employer to pay to any employee of the employer a sum of money to make up any difference between the rate of pay paid to that employee and the rate paid to any other employee performing similar or substantially similar kind or quality of work during the 16 Equal Pay period for which a difference existed in the respective rates of pay, or order both those things together with such other order he deems necessary. (2) An order under subparagraph (1)(b) of this section, shall not take account of any difference in the rate of pay before the appointed day or before the period of six years immediately preceding the date of the report of the referee, whichever is the latter. Panel of referees. 9. For the purpose of this Act the Labour Commissioner may appoint a panel of such number of persons as the Labour Commissioner thinks fit to be referees and may make such rules as the Labour Commissioner thinks fit for the distribution of business between such referees. Restriction on prosecution. 10. Where a person makes complaint under paragraph 1 in respect of an alleged breach of section 3 of this Act, that person shall not commence, or give evidence or assist in any way, any proceeding to prosecute any person for the alleged breach unless, (a) the Labour Commissioner fails within fifteen days after the complaint is made, to direct a designated officer to investigate the alleged breach; (b) a designated officer fails to effect a settlement between the persons affected by, or concerned with, the alleged breach and the Labour Commissioner fails to refer the matter to a referee within thirty days after receiving the report of the designated officer; (c) after reference has been made to a referee, the Labour Commissioner fails within thirty days Equal Pay 17 after receiving the referee’s report, to make an order under paragraph 8; (d) an order is made under paragraph 8 and the employer fails to comply with that order within thirty days after the date thereof. Remuneration of referee. 11. There shall be paid to the referee such remuneration (whether by way of salary or travelling or other allowances) as the Labour Commissioner may determine. Protection of referee. 12. No action, suit, prosecution or other proceedings shall be brought or instituted personally against any referee in respect of any act done bona fide in the performance of the referee’s duties under this Act.