Clause 12 — Employment Claims Bill

(1)

Subject to this Act, a tribunal has jurisdiction to hear and determine any claim in relation to which all applicable requirements set out in subsections (2) to (7) are satisfied, regardless whether the dispute giving rise to the claim arose before, on or after the date of commencement of this section.

(2)

The claim must be made —

(a)

by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive the amount claimed in place of the employee) against the employer of the employee;

(b)

by an employee who is prescribed or belongs to a prescribed class of employees (or a person entitled under any written law to receive the amount claimed in place of the employee) against a person liable under section 65 of the Employment Act (Cap. 91) for the employee’s salary; or

(c)

by an employer who is prescribed or belongs to a prescribed class of employers (or a person entitled under any written law to receive the amount claimed in place of the employer) against an employee of the employer for an amount relating to a specified employment dispute concerning —

(i)

any matter specified in item 17 of the First Schedule or item 14 or 16 of the Second Schedule; or

(ii)

any other matter specified in the First or Second Schedule that is prescribed for the purposes of this sub‑paragraph.

(3)

The claim must be for one or more amounts alleged to be payable by the respondent to the claimant.

(4)

Each amount alleged to be payable under the claim must relate to a specified employment dispute.

(5)

The claim must be supported by a claim referral certificate issued in respect of every specified employment dispute for which the claim is lodged.

(6)

The claim must be lodged with the tribunal within the prescribed period after the date of issue of the claim referral certificate supporting the claim.

(7)

The total amount alleged to be payable under the claim must not exceed the prescribed claim limit applicable to the claimant.

(8)

Regulations made under section 34 may —

(a)

prescribe different employees or classes of employees for different categories of claims or different categories of specified employment disputes;

(b)

prescribe different employers or classes of employers for different categories of claims or different categories of specified employment disputes;

(c)

prescribe any matter mentioned in subsection (2)(c)(ii);

(d)

prescribe the period in subsection (6), including different periods for different categories of claims and different circumstances; and

(e)

prescribe the claim limit in subsection (7), including different claim limits for different classes of claimants and different circumstances.