(1) An employer may file a complaint with the Department of Labour if he or she has reason to believe that the employee acted frivolously, recklessly or in bad faith with respect to the refusal to work under section 263.
(2) A complaint shall be filed not later than 7 days after the event to which the complaint relates.
(3) The Department of Labour shall, within 2 working days of any reference to it, make a decision respecting the complaint.
(4) Where, following an investigation, the Department of Labour decides that the refusal to work by the employee was frivolous, reckless, or in bad faith, the Department of Labour shall refer the matter to the Labour Commissioner who shall make such order as he or she deems appropriate in the circumstances.