(1) Where an Employer discriminates against an Employee contrary to section 54, the Employee may apply to the Court for a declaration to that effect and the Court:
(a) shall order the Employer to make an award of compensation to the Employee of such amount as the Court considers just and equitable in all the circumstances having regard to -
(i) the Employer’s default in failing to comply with its obligations under section 54;
(ii) any injury to feelings incurred by the Employee; and
(iii) any loss sustained by the Employee which is attributable to the matters complained of;
save that such award shall be subject to a maximum of 3 years’ Basic Wages; and
(b) may make recommendations to the Employer that, within a specified period, the Employer shall take specified steps for the purpose of obviating or reducing the adverse effect of any matter to which the proceedings relate on the Employee or any other person. Where an Employer fails to comply with any such recommendation within the period specified by the Court it shall be liable to a fine not exceeding level 6 on the standard fines scale.