Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
"employment claim" means a claim made to the
Commission in which any of the following is an issue —
(a) the
refusal or failure of an employer to employ a person
("the affected person");
(b) an
employer’s employment or transfer of an employee to work at a particular
place or site, or refusal or failure to employ or transfer an employee to work
at a particular place or site;
(c) the
reinstatement or re-employment of an employee who has been dismissed by an
employer;
"third party", in relation to an employment claim,
means any person, other than the employer on whom a copy of the claim has been
served.
(2) The Commission
may, if it considers it necessary to do so in the interests of equity, good
conscience and the substantial merits of an employment claim, order a
third party to refrain from preventing, hindering or interfering with, or
doing anything that would have the effect of preventing, hindering or
interfering with —
(a) the
employment of the affected person;
(b) the
employment or transfer of the employee to work at a particular place or site;
or
(c) the
reinstatement or re-employment of the employee.
(3)
Subsection (2) is not to be taken as limiting the persons in respect of
whom the Commission can make other orders under this Act.
[Section 23B inserted by No. 20 of 2002
s. 138(1) 4 .]