Payment of equal pay for equal work

(1) From and after the appointed day no employer shall, by failing to pay equal pay for equal work, discriminate between male and female employees employed by the employer’s establishment. work. (2) Subject to subsection (5) of this section, any employer who contravenes subsection (1) of this section in respect of any employee commits an offence and shall be liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term of six months and in the case of a continuing offence, to a fine not exceeding fifty dollars for each day on which the offence is continued after conviction. (3) Where an employer is convicted of an offence under this section the Court may, without prejudice to its powers under subsection (2) of this section, order the employer to pay to any employee in relation to whom the offence was committed, such sums as may appear to the Court to be due to that employee having regard to the provisions of subsection (1) of this section. (4) In determining any sum under subsection (3) of this section, no account shall be taken of any period before the period of six (6) years immediately preceding the date on which the relevant information or complaint was laid and in any event no account shall be taken of any period before the appointed day. (5) No prosecution for an alleged offence under this section shall be undertaken, (a) unless in relation thereto the mediation procedure set out in the Schedule has been adopted; and (b) until, pursuant to that Schedule, there is no restriction on proceedings for prosecution. 8 (6) Any employee aggrieved by determination made after the mediation procedure set out in the schedule may bring a tort action in the Supreme Court for discrimination against the employer.