Section 39: Recovery of compensation
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
39. Recovery of compensation
(1) On the expiry of the time fixed for compliance with an order for the
payment of compensation under section 35 (1) (c) (ii) or section 35 (3), the
amount shall become due and payable and shall be recoverable as a civil debt
by the person for whose benefits the order was made.
(2) For the purpose of recovering the payment of compensation ordered
by the Tribunal, the Secretary of the Tribunal shall, on expiry of the delay for
lodging an appeal under section 41, or on determination of any appeal made
under that section, issue a certificate stating that the amount specified is
due and payable by the person specified under the order of the Tribunal or
judgment on appeal, and forward such certificate to a Magistrate of the District Court of Port Louis.
(3) The Clerk of the District Court of Port Louis shall file the certificate
forwarded under subsection (2) and the order shall, as from the date of filing, be of the same force and effect, and proceedings may be taken thereon
and the order enforced in conformity with Part III of the District and Intermediate Courts (Civil Jurisdiction) Act, as if it had been a judgment obtained in
the District Court.
(4) The District Court shall have the same control and jurisdiction over
the order as it has over the judgments given by itself insofar as it relates to
execution.
(5) All fees, charges and costs payable in relation to an order of the Tribunal under this section shall be recoverable in the same manner as if such
fees, charges and costs for charges were compensation payable under this
section.
E13A – 27 [Issue 4]
Equal Opportunities Act
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Questions this section answers
- If the other party doesn't pay compensation the Tribunal ordered, how can I recover it?