Section 62: Power to summon
repealed (no longer in force). juris shows the text as it was consolidated; it does not confirm that this is the law in force today. The records juris holds show this law as repealed.
62. Power to summon
(1) Where the Permanent Secretary—
(a) has reason to believe that an offence relating to the observance
of this Act or any other enactment relating to labour or employment has been committed by an employer; or
(b) wishes to enquire into a matter concerning a dispute between an
employer and his workers or their representatives,
he may, by written notice, summon any person, whom he believes can provide information relating to the offence or the enquiry, to attend and produce
any document which he may require.
(2) Any person summoned under subsection (1) who—
(a) having been served with the written notice, fails to comply with
its requirements;
(b) refuses to answer faithfully any question put to him by the Permanent Secretary;
(c) gives any false or misleading information;
(d) refuses to produce a document required by the Permanent
Secretary,
shall commit an offence.
(3) (a) The written notice specified in subsection (1) shall be issued to
the person concerned by causing it to be—
(i) handed over to him in person; or
(ii) left at, or sent by registered post to his registered office or, his
usual or last known place of business or residence.
(b) Any person to whom a written notice is issued in accordance
with paragraph (a) who—
(i) refuses to accept delivery of the written notice; or
(ii) fails to take delivery of the written notice after being informed
that it awaits him at a post office,
shall be deemed to have been duly served with the written notice on the day
on which he refuses to accept delivery thereof or he is informed that it
awaits him at a post office.
[S. 62 amended by s. 32 of Act 6 of 2013 w.e.f. 11 June 2013.]
E9B – 42 (3) [Issue 5]
Employment Rights Act
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Questions this section answers
- What happens if I ignore a summons from the Permanent Secretary to give information?