Cap. 267 Art. 3Jurisdiction and powers of the Commission. Cap. 12.

(1) The Commission shall have jurisdiction to hear and determine any application made by any person in pursuance of article 120(8) and (9) of the Constitution on the ground that, in respect of employment, a distinction, exclusion or preference that is not justifiable in a democratic society has been made or given to his prejudice by reason of his political opinions.

(2) Where an application as aforesaid has been made to the Commission in accordance with the provisions of this Act, the Commission may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement of the provisions of article 120(8) of the Constitution: Provided that the Commission may, if it considers it desirable so to do, decline to exercise its powers under this section in any case where it is satisfied that adequate means of redress for the alleged distinction, exclusion or preference are or have been available to the applicant under any other law.

(3) For the purpose of the exercise of its function, the Commission shall have all the powers conferred on the Civil Court, First Hall by the Code of Organization and Civil Procedure.

*See Government Notice No. 411 of 29th July, 1976. any employment, the position or rank to be occupied by any person in any employment and any other matter relevant or incidental thereto; and

(a) where the Commission orders the employment of any person, or a term or condition of employment or the rank or position to be occupied by a person in any employment, or any other matter concerning any employment, any such order shall constitute a contract of employment or a term or condition of employment, or other matter to be observed or complied with in relation to employment, between the persons to whom it relates with effect from the date and in accordance with the provisions contained in the order;

(b) where the Commission orders the termination of employment of any person, any compliance with such order shall not constitute an unfair dismissal for the purposes of any enactment and, notwithstanding any other enactment, no notice of termination shall be due; but in the case of an order terminating the employment of a person the Commission shall have power to determine whether any compensation should be payable by the employer in respect of such termination and, where such compensation is payable, the Commission shall have power to determine the amount and to order the payment thereof;

(c) any order or direction made or given by the Commission shall be capable of forced execution.

(2) Without prejudice to the other provisions of this Act and to any other law, any act done or omitted to be done in contravention of any order or direction made or given by the Commission, and any act done or omitted to be done in order to avoid, or having the effect of avoiding, any such order or direction, shall constitute contempt of the Commission and the provisions of article 3(3) shall apply as they apply in the case of contempt of the Civil Court, First Hall: Provided that the period of detention and the fine (multa) to which a person may be sentenced for any such contempt shall be a period of detention not exceeding six months and a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).