Clause 14

A tribunal has jurisdiction to hear and determine, in an action for discrimination brought under section 36A of the Workplace Fairness Act 2025, any claim in relation to which subsections (2) to (7) are satisfied.(2) The claim must be made —

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

by an individual (or another person entitled under any written law to receive an amount claimed in place of the individual) against an employer who intends to employ one or more individuals under a contract of service.(3) The claim must be for —

in the case of an alleged discriminatory employment decision mentioned in section 5(1) of the Workplace Fairness Act 2025 — damages;

in the case of an alleged discriminatory employment decision mentioned in section 6(1) of that Act — damages; or

in the case of an alleged discriminatory employment decision mentioned in section 7(1) of that Act — either damages or reinstatement of the claimant in the claimant’s former employment.(4) The claim must be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.(5) The claim must be lodged with the tribunal within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.(6) Despite subsection (5), the tribunal may accept a claim lodged after the prescribed period if the tribunal is satisfied that there is reasonable excuse for the delay.(7) The amount of damages claimed must not exceed an amount prescribed as the claim limit for the purposes of this subsection.(8) Regulations made under section 34 may —

for the purposes of subsection (7) —

prescribe the claim limits in an action for discrimination involving an alleged discriminatory employment decision mentioned in section 5(1), 6(1) or 7(1) of the Workplace Fairness Act 2025; and

prescribe different amounts for different categories of claims and different circumstances; and

for the purposes of the period mentioned in subsection (5), prescribe different periods for different categories of claims and different circumstances.(9) In this section, “contract of service”, “employee” and “employer” have the respective meanings given by section 2 of the Workplace Fairness Act 2025.”.