Retirement and Re-employment Act 1993 · 2020 Revised Edition · Part 4 · Remedies
8C. Remedies relating to unreasonable terms and conditions of re‑employment contract and employment assistance payment
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An employee who has a re‑employment dispute with his or her employer which relates to any matter referred to in section 8A(4)(c) or (d) may, if a claim referral certificate is issued in respect of that dispute, lodge a claim for employment assistance payment with an Employment Claims Tribunal under section 13 of the Employment Claims Act 2016.
employee
“employee” means a person who has entered into or works under a contract of service with an employer;
Where an employee who is dismissed by his or her employer lodges any claim with an Employment Claims Tribunal in relation to the matter referred to in section 8A(4)(d), such claim operates as a bar to —
employer
“employer” means a person who employs another person under a contract of service and includes —(a)the Government;(b)any statutory authority;(c)any duly authorised agent or manager of any employer; and(d)any person who owns or is carrying on, or for the time being responsible for the management or control of a profession, business, trade or work in which any employee is engaged;
the making of any representations under section 8B(1) by that employee in respect of that dismissal; and
the making of any representations to the Minister in respect of that dismissal under section 35(3) of the Industrial Relations Act 1960.
In making a decision on any claim in relation to the employment assistance payment, the Employment Claims Tribunal —
employment assistance payment
“employment assistance payment” means such sum of money which is payable by an employer to an eligible employee under section 7C(1);
may take into account the tripartite guidelines and any steps taken by the employer to re‑employ the employee; and
may, despite paragraph (a), make an order in the prescribed form for any amount of employment assistance payment to be paid by an employer to an employee as the Employment Claims Tribunal considers just and equitable having regard to all the circumstances of the case.