2015 LABOUR AMENDMENT B. for damages for any loss or prospective loss caused either directly or indirectly, as a result of the infringement or threatened infringement, as the case may be; whereupon the provisions of subsections (5a) and (5b) shall apply. (5a) A labour officer who makes a ruling and order in terms of subsection (5)(c) shall as soon as practicable(a) make an affidavit to that effect incorporating, referring to or annexing thereto any evidence upon which he or she makes the draft ruling and order; and (b) lodge, on due notice to the employer or other person against whom the ruling and order is made ("the respondent"), an application to the Labour Court, together with the affidavit and a claim for the costs of the application (which shall not exceed such amount as may be prescribed), for an order directing the respondent by a certain day (the "restitution day") not being earlier than thirty days from the date that the application is set down to for hearing (the "return day" of the application) to do or pay what the labour officer ordered under subsection (5)(c)(ii) and to pay the costs of the application. (5b) If, on the return day of the application, the respondent makes no appearance or, after a hearing, the Labour Court grants the application for the order with or without amendment, the labour officer concerned shall, if the respondent does not comply fully or at all with the order by the restitution day, submit the order for registration to whichever court would have had jurisdiction to make such an order had the matter been determined by it, and thereupon the order shall have effect, for purposes of enforcement, of a civil judgment of the appropriate court.". 17 Amendment of section 120 of Cap. 28:01 Section 120 ("Investigation of trade unions and employers organisations'') of the principal Act is amended by the repeal of subsections (7), (8), (9), (10) and (11) and the substitution of the following subsections"(?) Where the Minister accepts a recommendation made in terms of subsection (3)(b)(ii), he shall make application to the Labour Court to appoint or an administrator (or confirm the appointment of a provisional administrator pursuant to proviso (b)) and such assistants as the administrator may require, to administer the affairs of the trade union, employers organization or federation in respect of which the recommendation was made: Provided that(a) an administrator may not be appointed for more than six months or until the next annual general meeting of the trade union, employers organization or federation concerned whichever is the later: (b) pending determination by the Labour Court of an application to appoint an administrator, the Minister may appoint a provisional administrator who shall exercise all the powers of a substantive administrator until the provisional administrator's appointment is confirmed by the Labour Court or some other person is appointed with the leave of the Court as substantive administrator: (c) if the Labour Court refuses an application to appoint an administrator or confirm the appointment of a provisional administrator. the refusal of the application shall not affect the validity of anything done by the provisional administrator in good faith pursuant to this section before the date of such refusal. 129 No.5