WORKPLACE RELATIONS ACT 1996 - SECT 672 Limitation on applications alleging termination on paragraph 643(1)(a) grounds

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 672

             (1)  An application under subsection 643(1) alleging termination of employment on the ground referred to in paragraph 643(1)(a), or grounds that include that ground, must not be made if other termination proceedings have already been commenced in respect of the termination of employment, unless the other termination proceedings:

                     (a)  have been discontinued by the employee who commenced the proceedings; or

                     (b)  have failed for want of jurisdiction.

Note:          Subsection (3) defines other termination proceedings .

             (2)  An employee must not commence other termination proceedings in respect of a termination of employment if an application under subsection 643(1) alleging termination of employment on the ground referred to in paragraph 643(1)(a), or on grounds that include that ground, has already been made, unless the application:

                     (a)  has been discontinued by the employee; or

                     (b)  has failed for want of jurisdiction.

             (3)  In this section:

"other termination proceedings" means proceedings, in respect of a termination of the employment of an employee:

                     (a)  for a remedy in respect of the termination:

                              (i)  under a provision of this Act other than section 643; or

                             (ii)  under another law of the Commonwealth; or

                            (iii)  under a provision of a law of a State or Territory that is not excluded by section 16; and

                     (b)  that allege that the termination was unlawful for any reason (other than a failure by the employer to provide a benefit to which the employee was entitled on the termination).

Note:          Section 16 provides for the exclusion of certain State and Territory laws.

             (4)  Without limiting subsection (3), other termination proceedings includes an inquiry in respect of a complaint (the HREOC complaint ):

                     (a)  made under the Human Rights and Equal Opportunity Commission Act 1986 ; and

                     (b)  that relates to the termination of employment of an employee (whether or not as a result of an amendment of the complaint).

             (5)  For the purposes of this section, an employee commences other termination proceedings of a kind referred to in subsection (4):

                     (a)  unless paragraph (b) applies--when the employee makes the HREOC complaint; or

                     (b)  if the HREOC complaint constitutes, or would constitute, other termination proceedings only as a result of an amendment of the complaint--when the complaint is amended.

             (6)  For the avoidance of doubt, a proceeding seeking compensation, or the imposition of a penalty, because an employer has failed, in relation to a termination of employment, to meet an obligation:

                     (a)  to give adequate notice of the termination; or

                     (b)  to provide a severance payment as a result of the termination; or

                     (c)  to provide any other entitlement payable as a result of the termination;

is taken to be a proceeding alleging that the termination was unlawful because of a failure to provide a benefit to which the employee was entitled on the termination.