42.5(1)On the request of an employer or a worker or on its own initiative, the Commission shall determine whether an employer has fulfilled the employer’s obligations to a worker under section 42.4.
42.5(2)The Commission shall make a determination under subsection (1) within 60 days after receiving a request or within a longer period allowed by the Commission.
42.5(3)The Commission is not required to make a determination under subsection (1) at the request of a worker who has been re-employed if
(a)
the re-employed worker is dismissed within six months, and
(b)
the worker’s request is provided to the Commission more than three months after the date of dismissal.
42.5(4)If the Commission determines that an employer has not complied with its obligations under section 42.4, the employer is liable to an administrative penalty imposed under section 82.1.
42.5(5)If a worker is in receipt of compensation or benefits payable by the Commission under section 38.11 or 38.2, neither shall be reduced or suspended while the Commission is making a determination under this section.
42.5(6)For greater certainty, a dispute concerning the fulfilment of an employer’s obligations under section 42.4 does not constitute an event for the purposes of subsection 38.11(14) or 38.2(5).