Compliance Order

   35. Power to order compliance---(1) Where any person has not observed
 or not complied with---
   (a) Any provision of sections 11 and 28 (d) of this Act or of clause 5
         (a) or clause 5 (b) of the Schedule to this Act; or
   (b) The provisions of section 28 (e) of this Act; or
   (c) Any order, determination, direction, or requirement made or given
         under this Act by the Commissioner or by a person acting under
         delegated authority from the Commissioner,---

 the Labour Court by order may require that person to do any specified
 thing, or to cease any specified activity, for the purpose of preventing
 further non-observance of or non-compliance with that provision, order,
 determination, direction, or requirement, and shall specify a time
 within which that order is to be obeyed.

   (2) Where the Commissioner alleges that there has been a
 non-observance or non-compliance of the kind described in subsection (1)
 (a) or subsection (1) (c) of this section, the Commissioner may commence
 proceedings against any person in respect of the non-observance or
 non-compliance by applying to the Labour Court for an order of the kind
 described in subsection (1) of this section.

   (3) Where it is alleged that there has been, on the part of an
 employer, a non-observance or non-compliance of the kind described in
 subsection (1) (b) of this section, the Commissioner or any union that
 represents workers employed by that employer may commence proceedings
 against that employer in respect of the non-observance or non-compliance
 by applying to the Labour Court for an order of the kind described in
 subsection (1) of this section.

   (4) Any time specified by the Court under subsection (1) of this
 section may from time to time be extended by the Court on the
 application of the person who is required to obey the order.

   (5) Where the Labour Court makes an order of the kind described in
 subsection (1) of this section, that order---
   (a) May be subject to such terms and conditions as the Court thinks
         fit (including conditions as to the actions of the applicant);
         and
   (b) May be expressed to continue in force until a specified time or
         the happening of a specified event.

   (6) Where the Labour Court makes an order of the kind described in
 subsection (1) of this section, it may then adjourn the proceedings to
 enable the order of the Court to be complied with while the proceedings
 are adjourned.

   (7) Where any person fails to comply with a compliance order made
 under this section, the Labour Court may order that the person in
 default be fined a sum not exceeding $5,000.

   (8) The jurisdiction conferred on the Labour Court by this section
 shall be exercised by a Judge sitting alone.

   (9) Nothing in this section affects section 207 of the Labour
 Relations Act 1987.