Section 42

In any case where an apprentice so misconducts himself or proves himself to be so incapable that if he were an employee other than an apprentice it would be reasonable for his employer to discharge him, the employer may suspend him and apply forthwith to the Commissioner for leave to discharge him.

The Commissioner shall enquire into the circumstances and where such leave is granted the employer shall be entitled to discharge the apprentice as from the date on which he was suspended and as from such date the contract of apprenticeship shall be deemed to be cancelled.

Where such leave is refused the Commissioner may make such order as he thinks fit with respect to payment of wages to the apprentice in respect of the period of his suspension. If no such order is made, the employer shall pay to the apprentice all wages that would have been payable to him in respect of such period had he not been suspended.

If the employer, notwithstanding that leave to discharge the apprentice has been refused by the Commissioner, discharges the apprentice, such discharge shall for all purposes be conclusive proof of a breach by the employer of the contract of apprenticeship.

Where an employer, without proceeding in accordance with the foregoing provisions of this section, discharges or purports to discharge an apprentice, or, having suspended him does not within 3 days thereafter make application as aforesaid for leave to discharge him, the apprentice within 7

days after such discharge or within 10 days after such suspension, as the case may be, may apply to the Commissioner for relief from such discharge or suspension and thereupon the provisions of the section shall apply in like manner as if the employer had proceeded in accordance with subsection (1)

of this section.

The Commissioner may fix an amount that shall be payable to the apprentice as damages for breach of the contract of apprenticeship in the event of the employer discharging him contrary to the provisions of this

Labour

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section. Such amount shall be in addition to the amount of wages payable in respect of the period of suspension.

Any person aggrieved by any decision or order of the

Commissioner under this section may appeal against such decision or order to a magistrate who may hear and determine such appeal either in open court or in chambers as he may think fit and may make such order as to costs as he may think fit.

Penalties.