Section 41
Enforcement of work orders
(1)
Where —
(a)
a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
(b)
that other party has not complied with the alternative money order provided for by section 38(1)(c), the party in whose favour the work order was made may, instead of applying to a Court of a Magistrate for issue of a process for enforcement pursuant to section 40(1), file with the tribunal a request in the prescribed form that the work order be enforced.
(2)
Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on notice under section 40(5) as if such request or notice were a claim filed under section 15.
Small Claims Tribunals
B.L.R.O. 6/2024 27
(3)
Upon the hearing of the matter, the tribunal may —
(a)
vary the work order, or make a further work order or any other order which is authorised by section 38;
(b)
grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 38
or so much thereof as the tribunal may allow, and either subject to or without compliance with section 40(2); or
(c)
discharge any order previously made by the tribunal.
(4)
After the expiration of 12 months from the date of a work order, it shall not be enforced without leave of the tribunal.