Cap. 456 Art. 18Action by the Commissioner following an investigation.

(1) After carrying out an investigation the Commissioner may -

(a) dismiss the complaint, or

(b) find that the complaint is proved and thereupon, shall: constitute an offence, call upon the person against whom the complaint is directed to redress the situation, and mediate between the complainant and such person to settle the matter.

(2) The findings of the Commissioner under subarticle (1) shall not be binding on the complainant and the person against whom the complaint is directed unless they expressly declare in writing to be so bound.

(3) In respect of general investigations or of investigations upon complaints by the Commissioner, the Minister may prescribe:

(a) the procedure whereby the Commissioner may require any person to furnish such information as may be necessary for the investigation, as well as the time within which and the manner in which such information is to be furnished;

(b) the procedures to be followed where a person fails to supply such information, the circumstances in which following an investigation as aforesaid, the Commission may itself take legal action.

(4) Regulations under subarticle (3) may provide, in the case of an alleged discrimination by one person against another, the arrangements whereby the Commission may itself refer the matter to the competent civil court or to the Industrial Tribunal for redress:

Provided that nothing in this subarticle shall prevent any person having a legal interest from himself taking action for redress or where action has been taken by the Commission, from joining in and becoming a party to the suit.

(5) The Commissioner and every other member of the Commission or any member of the staff of the Commission shall treat any matter coming to their knowledge in the course of an investigation as confidential and shall not disclose the same unless such disclosure is necessary in the course of a prosecution or an action for redress under this Act.