Section 38 — Employment Equity Act: Employer’s options

An employer may, not later than thirty days after receiving a notice of assessment of a monetary penalty, comply with the notice; or contest the assessment of the monetary penalty by making a written application to the Minister for a review, by a Tribunal, of that assessment. If the Minister receives a written application, the Minister shall send a copy of it to the Chairperson. If an employer who is issued a notice of assessment of a monetary penalty fails to exercise one of the options set out in subsection (1) within the period referred to in that subsection, the Minister shall send a copy of the notice to the Chairperson.