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bruneilawsby aturio
In force2026 Revised Edition
Contents

Part · Complaints and Inquiries

126. Procedure in Commissioner’s inquiry

In plain English

The complainant tells the commissioner the complaint and remedy sought, in writing or in person. The commissioner questions the complainant on oath and may summon the other side. The commissioner then hears sworn evidence and decides. The commissioner may still decide if the other side, though summoned, stays away. The decision goes into an order a court can enforce.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

The procedure for disposing of questions arising under sections 124 and 125 shall be as follows —

(a)

the complainant shall present a written statement or in person make a statement, to the Commissioner, of his complaint and of the remedy which he seeks;

(b)

the Commissioner shall, as soon as practicable thereafter, examine the complainant on oath and shall record the substance of the complainant’s statement in his case book;

(c)

the Commissioner may make such inquiry as he thinks necessary to satisfy himself that the complaint discloses matters

Employment 84

which in his opinion ought to be inquired into and may summon the person complained against, or if it appears to him without any inquiry that the complaint discloses matters which ought to be inquired into, he may forthwith summon the person complained against:

Provided that if the person complained against attends in person before the Commissioner it shall not be necessary to serve a summons upon him;

(d)

when issuing a summons to the person complained against, the Commissioner shall —

(i)

give him notice of the nature of the complaint made against him and of the name of the complainant; and

(ii)

inform him of the date, time and place at which he is required to attend, that he may bring with him any witnesses he may wish to call on his behalf and that he may apply to the Commissioner for summonses to such persons to appear as witnesses on his behalf;

(e)

when the Commissioner issues a summons to a person complained against —

(i)

he shall inform the complainant of the date, time and place mentioned therein;

(ii)

he shall instruct the complainant to bring with him any witnesses he may wish to call on his behalf; and

(iii)

he may, on the request of the complainant and subject to any conditions he may think fit to impose, issue summonses to such witnesses to appear on behalf of the complainant;

(f)

when at any time before or during an inquiry the

Commissioner has reason to believe that there is any person whose financial interests are likely to be affected by such decision as he may give on completion of the inquiry or who he has reason to believe have knowledge of the matters in issue or can give any evidence relevant thereto, he may summon any or all of such persons;

Employment

(g)

the Commissioner shall, at the date, time and place appointed, examine on oath those persons summoned or otherwise present whose evidence he thinks is material to the matters in issue and shall then give his decision;

(h)

if the person complained against or any person whose financial interests the Commissioner has reason to believe are likely to be affected and who has been duly summoned to attend at the date, time and place appointed in the summons, fails to attend, the

Commissioner may hear and decide the complaint in the absence of such person notwithstanding that the interests of such person may be prejudicially affected by his decision;

(i)

in order to enable a court to enforce the decision of the

Commissioner, the Commissioner shall embody his decision in an order in such form as he may determine.

Report

Read on from s 127

Part

General

Read on from Part

Schedules