WORKPLACE RELATIONS ACT 1996 - SECT 674 Limitation on applications alleging unlawful termination

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 674

             (1)  An application alleging unlawful termination of employment must not be made by an employee 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; or

                     (b)  have failed for want of jurisdiction.

Note:          Subsection (3) defines an application alleging unlawful termination and other termination proceedings .

             (2)  An employee must not commence other termination proceedings in respect of a termination of employment if an application alleging unlawful termination of the employment 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:

"application alleging unlawful termination" means an application under section 643, in respect of a termination of employment, on the ground that the termination constitutes a contravention of section 659 because it was done for a reason set out in subsection 659(2).

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

                     (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:

                              (i)  harsh, unjust or unreasonable (however described); or

                             (ii)  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 or 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 as a result of an amendment of the complaint--when the complaint is amended.