V.I. Code tit. 24, § 40 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 2 - Occupational Safety and Health|§ 40. Judicial review

 (a) Any person adversely affected or aggrieved by a final order of the hearing examiner issued under subsection (c) of section 39 of this title, or a final order of the Commissioner under section 41(b), may obtain a review of such order in the Superior Court of the Virgin Islands by filing in such court within thirty days following the issuance of such order a written petition praying that the order be modified or set aside. Upon such fling the court shall have jurisdiction of the proceeding and of the question determined therein, and may grant such temporary relief or restraining order as it considers just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Commissioner and enforcing the order to the extent that the order is affirmed or modified. The commencement of proceedings under this subsection does not, unless ordered by the Court, operate as a stay of the order of the Commissioner. No objection that has not been urged before the Commissioner may be considered by the Court unless the failure or neglect to urge the objection is excused, because of extraordinary circumstances. The finding of the Commissioner with respect to question of fact, if supported by substantial evidence on the record considered as a whole, is conclusive. If any party applies to the Court for leave to adduce additional evidence and shall show to the satisfaction of the Court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the Commissioner, the Court may order the additional evidence to be taken before the Commissioner and to be made a part of the record. The Commissioner may modify the findings as to the fact, or make new findings by reason of findings with respect to question of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and the recommendations, if any, for the modification or setting aside of its original order. Upon filing of the record with it, the jurisdiction of the Court shall be exclusive and its judgment and decree shall be final, except that the same judgment and decree shall be subject to review by the appellate court. (b) All proceedings under this section shall be heard summarily and given preference over all other civil proceedings. The Commissioner may petition for enforcement of his final order by filing a petition for such relief in the Superior Court of the Virgin Islands and the provisions of subsections (a) and (b) shall govern such proceedings to the extent applicable. lf no petition for review, as provided in subsection (a) of this section is filed within thirty days after service of the Commissioner's order, the Commissioner's findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Commissioner after expiration of such thirty-day period. In any such case, as well as in the case of a non-contested citation or notification by the Commissioner which has became a final order of the Commissioner under subsection (a) or (b) of section 39, the Clerk of the Court, unless otherwise ordered by the Court, shall forthwith enter a decree enforcing the order and shall transmit a copy of the decree to the Commissioner and the employer named in the petition. In any contempt proceeding brought to enforce a decree of the court entered pursuant to this subsection or subsection (a), the Court may assess the penalties provided in section 44 to this chapter, in addition to invoking any other available remedies. (c)  (1) No person shall discharge or in any manner discriminate against any public sector employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter. (2) Any public-sector employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may within thirty days after the violation occurs, file a complaint with the Commissioner alleging discrimination. Upon receipt of the complaint, the Commissioner shall cause the investigation to be made as he considers appropriate. If upon investigation, the Commissioner determines that the provisions of this subsection have been violated, he shall bring an action in the Superior Court of the Virgin Islands against the violator. In any such action the Superior Court of the Virgin Islands has jurisdiction, for cause shown, to restrain violations of paragraph (1) of this subsection and order all appropriate relief, including rehiring or reinstatement of the employee to his former position with back pay. Petitions filed under this subsection must be heard expeditiously. (3) Within ninety days from the receipt of a complaint filed under this subsection, the Commissioner shall notify the complainant of his determination under paragraph (2) of this subsection.