Workplace Fairness (Dispute Resolution) Bill

This Act is the Workplace Fairness (Dispute Resolution) Act 2025 and comes into operation on a date that the Minister appoints by notification in the Gazette.

AMENDMENT OF WORKPLACE FAIRNESS ACT 2025

In the Workplace Fairness Act 2025, in section 2 —(a)after “In this Act”, insert “, unless the context otherwise requires”;(b)before the definition of “authorised officer”, insert —“ “action for discrimination” means a civil action brought under section 36A against an employer for a statutory tort of discrimination;“approved mediator” means any individual approved by the Commissioner as a mediator for a mediation of a workplace fairness dispute;”;(c)after the definition of “civil contravention”, insert —“ “claimant” means an individual who brings an action for discrimination against an employer in the General Division of the High Court or an Employment Claims Tribunal and, for the purposes of Division 2 of Part 7A, includes an individual who intends to bring such an action;“claim referral certificate” means a claim referral certificate issued under section 36J(10) or 36K(2);”;(d)after the definition of “discrimination”, insert —“ “District Court limit” has the meaning given by section 2 of the State Courts Act 1970;”;(e)after the definition of “employer”, insert —“ “Employment Claims Tribunal” means a subordinate court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;”;(f)after the definition of “job”, insert —“ “mediation” includes —(a)the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes;(b)the bringing together of the parties to any dispute for that purpose, either at the request of one of the parties to the dispute or on an order of a court or a tribunal; and(c)the follow‑up of any matter which is the subject of any such discussion or settlement;“mediation request” means a request under section 36D(1) to mediate a workplace fairness dispute;“mediation session” means a meeting between 2 or more parties to a dispute for the purposes of a mediation;”;(g)after the definition of “platform work agreement”, insert —“ “respondent” means a person against whom an action for discrimination is brought, or who is joined in the capacity of a respondent, and includes, for the purposes of Division 2 of Part 7A, a person against whom such an action is intended to be brought;”;(h)after the definition of “stillborn child”, insert —“ “tribunal limit” means the District Court limit or any other amount prescribed in substitution thereof;“tribunal magistrate” has the meaning given by the Employment Claims Act 2016;“tripartite mediation” has the meaning given by section 30F of the Industrial Relations Act 1960;”;(i)in the definition of “work pass”, replace the full‑stop at the end with a semi‑colon; and(j)after the definition of “work pass”, insert —“ “workplace fairness dispute” means a dispute between an employer and an employee or other individual arising from an alleged discriminatory employment decision mentioned in section 17(1).”.

In the Workplace Fairness Act 2025, in section 5, after subsection (2), insert —“(3) For the purposes of subsection (1), an employer is presumed, unless the contrary is proved, to have decided not to hire an individual, if —(a)the individual applied to the employer for possible employment and, as of the date one month after the application, the employer has not hired the individual within the meaning of subsection (2);(b)the individual attended an interview, test or examination with the employer for the purpose of possible employment and, as of the date one month after the interview, test or examination, the employer has not —(i)hired the individual within the meaning of subsection (2); or(ii)invited the individual to a further interview, test or examination for the purpose of possible employment; or(c)the employer, having invited the individual to an interview, test or examination for the purpose of possible employment, subsequently, on any date, withdraws the invitation without, at the same time, inviting the individual to another interview, test or examination.(4) If, on any date mentioned in subsection (3)(a), (b) or (c), an employer is presumed to have decided not to hire an individual, the employer is deemed to have given notice of the decision to the individual on that date.”.

“(3) For the purposes of subsection (1), an employer is presumed, unless the contrary is proved, to have decided not to hire an individual, if —(a)the individual applied to the employer for possible employment and, as of the date one month after the application, the employer has not hired the individual within the meaning of subsection (2);(b)the individual attended an interview, test or examination with the employer for the purpose of possible employment and, as of the date one month after the interview, test or examination, the employer has not —(i)hired the individual within the meaning of subsection (2); or(ii)invited the individual to a further interview, test or examination for the purpose of possible employment; or(c)the employer, having invited the individual to an interview, test or examination for the purpose of possible employment, subsequently, on any date, withdraws the invitation without, at the same time, inviting the individual to another interview, test or examination.

If, on any date mentioned in subsection (3)(a), (b) or (c), an employer is presumed to have decided not to hire an individual, the employer is deemed to have given notice of the decision to the individual on that date.”.

In the Workplace Fairness Act 2025, after Part 7, insert —“PART 7ADISPUTE RESOLUTIONDivision 1 — Civil actionsAction for statutory tort of discrimination36A.—(1) Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).(2) An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.(3) If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.(4) Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.(5) If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.Jurisdiction of, and procedure in, General Division of High Court36B.—(1) The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.(2) Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.Jurisdiction of, and procedure in, Employment Claims Tribunal36C.—(1) An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.(2) The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.(3) Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.Division 2 — MediationMediation of workplace fairness disputes before bringing action36D.—(1) Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.(2) A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).(3) Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.Manner and time of submission of mediation request36E.—(1) A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.(2) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.(3) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.(4) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.(5) If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).(6) A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.(7) The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.(8) To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.Commissioner may accept or refuse mediation request, etc.36F.—(1) The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.(2) Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.Regulations relating to mediation requests36G. Regulations made under section 44 may —(a)prescribe the manner in which a mediation request is to be submitted to the Commissioner;(b)prescribe —(i)the persons (or classes of persons) who may submit a mediation request on behalf of an employee or individual;(ii)the classes of employees or individuals on whose behalf a mediation request may be submitted; and(iii)the categories of workplace fairness disputes in relation to which a mediation request may be submitted on behalf of an employee or individual,including different persons (or classes of persons) for different classes of employees or individuals and different categories of workplace fairness disputes;(c)prescribe the fee mentioned in section 36E(1)(c), including different fees for different classes of claimants and respondents and different categories of workplace fairness disputes;(d)prescribe the requirements mentioned in section 36E(6)(b);(e)provide for the review by the Commissioner of any decision made by the Commissioner under section 36F(1)(a), (b) or (c) and the time within which the application for the review must be made;(f)prescribe any person or class of persons mentioned in section 36F(1)(d);(g)provide for the amendment of the list of workplace fairness disputes in a mediation request accepted by the Commissioner; and(h)provide for any matter relating to the conduct of a mediation session under section 36H.Conduct of mediation sessions36H.—(1) An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.(2) Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Each mediation session must be held in private.(4) Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.(5) Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.(6) Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.Representation at mediation under this Part36I.—(1) Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.(2) An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.(3) A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.(4) If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.(5) For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.(6) In this section —“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;“partner” does not include a person purporting to act as a partner.Settlement of workplace fairness dispute36J.—(1) If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.(2) The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.(3) If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.(4) If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.(5) The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(6) A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.(7) If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.(8) A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(9) For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.(10) If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(11) Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.Claim referral certificate for workplace fairness dispute36K.—(1) This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.(2) The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.Division 3 — Restrictions on civil actionsWhen action for discrimination cannot be brought36L.—(1) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.(2) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(3) An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(4) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.(5) In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.When other proceedings cannot be brought36M. If an action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic has been brought in the General Division of the High Court or an Employment Claims Tribunal, no proceedings relating to the same dismissal on the same ground may be brought in any court or an Industrial Arbitration Court, unless the action for discrimination is withdrawn, discontinued or dismissed for lack of jurisdiction.Division 4 — Proceedings in General Division of High CourtClaim in General Division of High Court36N.—(1) A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.(2) The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.(3) The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.(4) The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.(5) In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.(6) Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.(7) Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.Proceedings conducted in private unless General Division of High Court orders otherwise36O.—(1) Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.(2) The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.(3) Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).(4) To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.Judge‑led approach, etc.36P.—(1) The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.(2) In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.Appeal from General Division of High Court36Q.—(1) Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.(2) A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.Rules of Court36R.—(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.(2) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.

An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.

If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.

Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.

If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.

Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.

The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.

Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.

A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).

Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.

If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).

A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.

The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.

To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.

Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.

Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Each mediation session must be held in private.

Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.

Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.

Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.

An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.

A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.

If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.

For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.

In this section —

The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.

If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.

If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.

The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.

If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.

A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.

If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.

The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.

In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.

The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.

The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.

The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.

In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.

Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.

Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.

The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.

Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).

To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.

In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.

A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.

All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.

Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).

The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.

An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.

Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.

A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.

The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.

An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.

Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.

If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.

This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.

A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.

Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.

The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.

Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.

The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.

“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;

“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;

“partner” does not include a person purporting to act as a partner.

—(1) Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).(2) An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.(3) If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.(4) Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.(5) If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.

Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).

An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.

If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.

Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.

If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.

—(1) The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.(2) Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.

The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.

Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.

—(1) An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.(2) The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.(3) Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.

An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.

The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.

Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.

—(1) Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.(2) A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).(3) Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.

Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.

A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).

Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.

—(1) A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.(2) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.(3) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.(4) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.(5) If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).(6) A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.(7) The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.(8) To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.

A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.

If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).

A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.

The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.

To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.

—(1) The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.(2) Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.

The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.

Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.

Regulations made under section 44 may —(a)prescribe the manner in which a mediation request is to be submitted to the Commissioner;(b)prescribe —(i)the persons (or classes of persons) who may submit a mediation request on behalf of an employee or individual;(ii)the classes of employees or individuals on whose behalf a mediation request may be submitted; and(iii)the categories of workplace fairness disputes in relation to which a mediation request may be submitted on behalf of an employee or individual,including different persons (or classes of persons) for different classes of employees or individuals and different categories of workplace fairness disputes;(c)prescribe the fee mentioned in section 36E(1)(c), including different fees for different classes of claimants and respondents and different categories of workplace fairness disputes;(d)prescribe the requirements mentioned in section 36E(6)(b);(e)provide for the review by the Commissioner of any decision made by the Commissioner under section 36F(1)(a), (b) or (c) and the time within which the application for the review must be made;(f)prescribe any person or class of persons mentioned in section 36F(1)(d);(g)provide for the amendment of the list of workplace fairness disputes in a mediation request accepted by the Commissioner; and(h)provide for any matter relating to the conduct of a mediation session under section 36H.

—(1) An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.(2) Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Each mediation session must be held in private.(4) Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.(5) Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.(6) Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.

An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.

Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Each mediation session must be held in private.

Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.

Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.

Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.

—(1) Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.(2) An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.(3) A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.(4) If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.(5) For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.(6) In this section —“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;“partner” does not include a person purporting to act as a partner.

Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.

“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;

“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;

“partner” does not include a person purporting to act as a partner.

An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.

A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.

If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.

For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.

In this section —

—(1) If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.(2) The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.(3) If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.(4) If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.(5) The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(6) A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.(7) If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.(8) A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(9) For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.(10) If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(11) Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.

If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.

The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.

If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.

If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.

The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.

If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.

A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.

If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.

—(1) This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.(2) The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.

This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.

The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.

—(1) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.(2) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(3) An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(4) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.(5) In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.

In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.

If an action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic has been brought in the General Division of the High Court or an Employment Claims Tribunal, no proceedings relating to the same dismissal on the same ground may be brought in any court or an Industrial Arbitration Court, unless the action for discrimination is withdrawn, discontinued or dismissed for lack of jurisdiction.

—(1) A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.(2) The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.(3) The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.(4) The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.(5) In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.(6) Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.(7) Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.

A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.

The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.

The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.

The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.

In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.

Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.

Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.

—(1) Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.(2) The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.(3) Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).(4) To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.

Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.

The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.

Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).

To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.

—(1) The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.(2) In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.

The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.

In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.

—(1) Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.(2) A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.

Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.

A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.

—(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.(2) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.

The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.

All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.

In the Workplace Fairness Act 2025, in section 41(b), replace “making a complaint or allegation or raising a grievance” with “bringing an action for discrimination, submitting a mediation request, making a complaint or allegation, raising a grievance, or appealing against any decision of a court or authorised officer,”.

In the Workplace Fairness Act 2025, in section 44, after subsection (3), insert —“(4) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 36R.”.

“(4) The powers conferred by this section do not extend to any matter for which Rules of Court may be made under section 36R.”.

In the Workplace Fairness Act 2025, after section 44, insert —“Disclosure of information45.—(1) Despite sections 36H(3) and 36O(1), the Commissioner, an approved mediator, the General Division of the High Court or the Registrar of the Supreme Court may disclose information relating to any mediation request, mediation under Division 2 of Part 7A, or action for discrimination, if the disclosure —(a)is necessary for or in connection with the administration or execution of this Act;(b)is necessary for providing financial or social assistance to a claimant or respondent;(c)is made to assist a law enforcement agency in the investigation of any offence under any written law;(d)is made to assist the Commissioner or an authorised officer in the investigation of any civil contravention under this Act;(e)is made to assist the Commissioner or an authorised officer in the investigation of any serious civil contravention under this Act;(f)is made to a public agency for the purpose of policy formulation or review;(g)is made to a public agency, and is necessary in the public interest; or(h)is made for any other purpose prescribed by regulations made under section 44.(2) Despite section 36O(1), the General Division of the High Court or the Registrar of the Supreme Court may publish information relating to an award, an order or a decision of the General Division of the High Court.(3) In this section —“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;“public agency” means either of the following:(a)the Government, including any ministry, department, agency or Organ of State;(b)any statutory body or tribunal that is prescribed for the purposes of this definition by regulations made under section 44.Protection of approved mediators from personal liability46. No liability shall lie personally against an approved mediator, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.Public servants47.—(1) An approved mediator, when carrying out the functions and duties of an approved mediator under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.(2) An authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.No other civil liability48. Nothing in this Act (other than sections 34 and 36A) is to be construed —(a)as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Act; or(b)as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.”.

Despite section 36O(1), the General Division of the High Court or the Registrar of the Supreme Court may publish information relating to an award, an order or a decision of the General Division of the High Court.

In this section —

An authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.

Despite sections 36H(3) and 36O(1), the Commissioner, an approved mediator, the General Division of the High Court or the Registrar of the Supreme Court may disclose information relating to any mediation request, mediation under Division 2 of Part 7A, or action for discrimination, if the disclosure —(a)is necessary for or in connection with the administration or execution of this Act;(b)is necessary for providing financial or social assistance to a claimant or respondent;(c)is made to assist a law enforcement agency in the investigation of any offence under any written law;(d)is made to assist the Commissioner or an authorised officer in the investigation of any civil contravention under this Act;(e)is made to assist the Commissioner or an authorised officer in the investigation of any serious civil contravention under this Act;(f)is made to a public agency for the purpose of policy formulation or review;(g)is made to a public agency, and is necessary in the public interest; or(h)is made for any other purpose prescribed by regulations made under section 44.

An approved mediator, when carrying out the functions and duties of an approved mediator under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.

“law enforcement agency” means any authority or person charged with the duty of investigating offences or charging offenders under any written law;

“public agency” means either of the following:(a)the Government, including any ministry, department, agency or Organ of State;(b)any statutory body or tribunal that is prescribed for the purposes of this definition by regulations made under section 44.

No liability shall lie personally against an approved mediator, who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.

—(1) An approved mediator, when carrying out the functions and duties of an approved mediator under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.(2) An authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.

An approved mediator, when carrying out the functions and duties of an approved mediator under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.

An authorised person, when carrying out any function or duty of the Commissioner under this Act, is deemed to be a public servant for the purposes of the Penal Code 1871.

Nothing in this Act (other than sections 34 and 36A) is to be construed —(a)as conferring a right of action in any civil proceedings in respect of any contravention, whether by act or omission, of any provision of this Act; or(b)as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.”.

In the Workplace Fairness Act 2025, renumber the existing sections 45 and 46 as sections 49 and 50, respectively.

DISPUTE RESOLUTION

—(1) Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).(2) An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.(3) If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.(4) Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.(5) If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.

Subject to section 36L, an individual who is the subject of an alleged discriminatory employment decision made by an employer under section 17(1) may bring a civil action for a statutory tort of discrimination against the employer (called in this Act an action for discrimination).

An action for discrimination may only be brought —(a)in the General Division of the High Court, in accordance with this Part; or(b)in an Employment Claims Tribunal, in accordance with this Part and section 12A of the Employment Claims Act 2016.

If the amount claimed in an action for discrimination exceeds the tribunal limit, the action must, in the first instance, be brought in the General Division of the High Court.

Subject subsection (5), if the amount claimed in an action for discrimination does not exceed the tribunal limit, the action must, in the first instance, be brought in an Employment Claims Tribunal.

If the amount claimed in an action for discrimination does not exceed the tribunal limit but exceeds the prescribed claim limit under section 12A(7) of the Employment Claims Act 2016, the action may, in the first instance, be brought in the General Division of the High Court.

—(1) The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.(2) Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.

The General Division of the High Court has jurisdiction to hear and determine any action for discrimination where an originating claim is made and served in accordance with section 36N and any Rules of Court made under section 36R.

Division 4 of this Part applies to a claim in an action for discrimination brought in, or transferred to, the General Division of the High Court.

—(1) An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.(2) The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.(3) Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.

An Employment Claims Tribunal has the jurisdiction conferred by section 12A(1) of the Employment Claims Act 2016 to hear and determine a claim in an action for discrimination brought in accordance with the provisions of that Act.

The jurisdiction of an Employment Claims Tribunal under subsection (1) does not include jurisdiction to hear and determine any action for discrimination if the amount claimed in the action exceeds the tribunal limit.

Parts 3 and 4 of the Employment Claims Act 2016 apply to a claim in an action for discrimination brought in an Employment Claims Tribunal.

—(1) Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.(2) A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).(3) Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.

Before bringing an action for discrimination, the employee or individual who intends to bring the action must first submit to the Commissioner a request to mediate every workplace fairness dispute in respect of which the action is intended to be brought.

A mediation request may only be submitted by an employee or individual who is involved in a dispute with an employer arising from an alleged discriminatory employment decision mentioned in section 17(1).

Subsections (1) and (2) do not apply in relation to an action for discrimination if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of every workplace fairness dispute to which the action relates.

—(1) A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.(2) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.(3) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.(4) A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.(5) If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).(6) A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.(7) The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.(8) To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.

A mediation request must —(a)list every workplace fairness dispute in relation to which the mediation request is made;(b)be submitted to the Commissioner —(i)in the prescribed manner; and(ii)within the applicable time set out in subsection (2), (3) or (4); and(c)be accompanied by the prescribed fee.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 5(1) must be made —(a)if the employer gave (or is deemed under section 5(4) to have given) notice of the decision to the claimant — within one month after the date of the notice (or deemed notice); or(b)if the employer did not give notice of the decision to the claimant — within 2 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 6(1) must be made —(a)if the employer gave notice of the decision to the claimant — within 6 months after the date of the notice; or(b)if the employer did not give notice of the decision to the claimant —(i)if, at any time in the period of 6 months after the date of the decision the claimant (being a female employee) absented herself from work for any period of time under section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968 — within 12 months after the date of the decision; or(ii)in any other case — within 6 months after the date of the decision.

A mediation request to mediate a workplace fairness dispute arising from an alleged discriminatory employment decision mentioned in section 7(1) must be made —(a)if the claimant is a female employee who has been certified by a medical practitioner registered under the Medical Registration Act 1997 to be pregnant and the employer gave notice of the decision to the claimant after the date of the certification but before the date of the claimant’s confinement — within one month after the last day of employment of the claimant, or within 2 months after the date of the claimant’s confinement, whichever is later; or(b)in any other case — within one month after the last day of employment of the claimant.

If the mediation request states a claim for an amount relating to an alleged discriminatory employment decision mentioned in section 5(1), that claim must not exceed the amount prescribed for the purposes of section 36N(2)(a).

A workplace fairness dispute must not be listed in a mediation request if —(a)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and —(i)the earlier mediation request has not been withdrawn; or(ii)a mediation session has been conducted pursuant to the earlier mediation request; or(b)the dispute was listed in an earlier mediation request that was submitted by the claimant and accepted by the Commissioner, and any requirements prescribed for the purposes of this paragraph are not satisfied.

The Minister may, by order in the Gazette, lengthen or shorten any period of time mentioned in subsection (2), (3) or (4), either generally or for any class of claimants, any class of respondents and any category of workplace fairness disputes.

To avoid doubt, for the purposes of this section —(a)an employer who gives notice to a group of persons that includes a claimant is treated as having given notice to the claimant; and(b)notice of an employment decision may be express or implied.

—(1) The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.(2) Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.

The Commissioner may —(a)accept a mediation request that does not comply with section 36E(1) or (6), if the Commissioner is satisfied that there is a reasonable excuse for the non‑compliance;(b)refuse to accept a mediation request that does not comply with section 36E(1), (5) or (6);(c)waive, remit or refund, wholly or in part, the fee mentioned in section 36E(1)(c); and(d)pay the whole or a part of the fee mentioned in section 36E(1)(c) to a person who is prescribed, or who belongs to a class of persons that is prescribed, in lieu of the Consolidated Fund.

Upon accepting the mediation request, the Commissioner must, as soon as reasonably practicable, refer every workplace fairness dispute listed in that request to an approved mediator for mediation.

Regulations made under section 44 may —(a)prescribe the manner in which a mediation request is to be submitted to the Commissioner;(b)prescribe —(i)the persons (or classes of persons) who may submit a mediation request on behalf of an employee or individual;(ii)the classes of employees or individuals on whose behalf a mediation request may be submitted; and(iii)the categories of workplace fairness disputes in relation to which a mediation request may be submitted on behalf of an employee or individual,including different persons (or classes of persons) for different classes of employees or individuals and different categories of workplace fairness disputes;(c)prescribe the fee mentioned in section 36E(1)(c), including different fees for different classes of claimants and respondents and different categories of workplace fairness disputes;(d)prescribe the requirements mentioned in section 36E(6)(b);(e)provide for the review by the Commissioner of any decision made by the Commissioner under section 36F(1)(a), (b) or (c) and the time within which the application for the review must be made;(f)prescribe any person or class of persons mentioned in section 36F(1)(d);(g)provide for the amendment of the list of workplace fairness disputes in a mediation request accepted by the Commissioner; and(h)provide for any matter relating to the conduct of a mediation session under section 36H.

—(1) An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.(2) Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Each mediation session must be held in private.(4) Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.(5) Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.(6) Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.

An approved mediator must conduct the first mediation session for a workplace fairness dispute as soon as is reasonably practicable after the dispute is referred to the approved mediator.

Despite subsection (1), an approved mediator need not conduct any mediation session for a workplace fairness dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Each mediation session must be held in private.

Despite subsection (3) —(a)the Commissioner may refer all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and(b)that approved mediator may conduct the mediation sessions for all of the workplace fairness disputes mentioned in subsection (5)(a) or (b) together at the same time and place.

Subsection (4) applies —(a)if —(i)2 or more claimants have submitted to the Commissioner mediation requests for the mediation of workplace fairness disputes with the same respondent;(ii)the Commissioner is satisfied that all of those disputes are similar in nature; and(iii)all claimants and the respondent agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place; or(b)if —(i)a claimant has submitted to the Commissioner 2 or more mediation requests for the mediation of workplace fairness disputes with one or more respondents; and(ii)the claimant and all respondents agree that the mediation sessions for all of the workplace fairness disputes mentioned in sub‑paragraph (i) may be conducted together at the same time and place.

Despite subsection (3), an approved mediator may permit a tripartite mediation advisor appointed under section 30K of the Industrial Relations Act 1960 to assist at a mediation session.

—(1) Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.(2) An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.(3) A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.(4) If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.(5) For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.(6) In this section —“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;“partner” does not include a person purporting to act as a partner.

Except as provided in subsections (2), (3) and (4), a party to a mediation under this Part —(a)must act in person;(b)cannot be represented by an advocate and solicitor; and(c)cannot be represented by an agent, whether paid or otherwise.

“body corporate” includes a limited liability partnership as defined in section 2(1) of the Limited Liability Partnerships Act 2005;

“officer”, in relation to a body corporate, means a director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate;

“partner” does not include a person purporting to act as a partner.

An employer that is not an individual may be represented —(a)if the employer is a body corporate — by an officer, or a full‑time employee, of the body corporate;(b)if the employer is a partnership — by a partner, or a full‑time employee, of the partnership;(c)if the employer is an unincorporated association — by a member of the governing body, or a full‑time employee, of the unincorporated association; or(d)by any other individual prescribed by regulations made under section 44.

A party who is an individual may be represented by any other individual prescribed by regulations made under section 44.

If the mediation request in relation to a mediation states a claim for an amount exceeding the tribunal limit, each party to the mediation may be represented by an advocate and solicitor.

For the purposes of subsections (2)(d) and (3), the regulations made under section 44 may prescribe different individuals for different parties and different circumstances.

In this section —

—(1) If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.(2) The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.(3) If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.(4) If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.(5) The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(6) A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.(7) If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.(8) A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.(9) For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.(10) If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(11) Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.

If a workplace fairness dispute is settled at a mediation under this Part, the parties to the settlement must enter into a settlement agreement in the form prescribed by Rules of Court made under section 36R.

The General Division of the High Court may register a settlement agreement on the application of any party to the settlement agreement.

If, under a settlement agreement, no party agrees to pay an amount more than the tribunal limit, a District Court may register the settlement agreement on the application of any party to the settlement agreement.

If a settlement agreement is registered under subsection (2) or (3) —(a)the settlement agreement is, for the purposes of execution or enforcement, of the same force and effect as if the settlement agreement had been a judgment given in the court that registered the settlement agreement and entered on the date of the registration;(b)proceedings may be taken on the settlement agreement as if the settlement agreement had been a judgment given in the court that registered the settlement agreement; and(c)any amount (payable to a person) for which the settlement agreement is registered carries interest as if that amount was a judgment debt.

The General Division of the High Court hearing an application under subsection (2) may, if any condition in subsection (9) is satisfied, do any of the following:(a)refuse to register the settlement agreement;(b)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

A District Court hearing an application under subsection (3) may refuse to register the settlement agreement if the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose.

If a settlement agreement is registered in a District Court, any party to the settlement agreement may, within the period prescribed by Rules of Court made under section 36R, apply to a District Court to set aside the registration of the settlement agreement.

A District Court hearing an application under subsection (7) may, if any condition in subsection (9) is satisfied, do all or any of the following:(a)set aside the registration of the settlement agreement;(b)set aside the settlement agreement;(c)refer any workplace fairness dispute purportedly resolved by the settlement agreement to an approved mediator for mediation.

For the purposes of subsections (5) and (8), the conditions are as follows:(a)the application is not made within the period prescribed by Rules of Court made under section 36R for this purpose;(b)the settlement agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;(c)the settlement agreement includes a subject matter that does not relate to a workplace fairness dispute;(d)any term of the settlement agreement is not capable of enforcement as an order made by the court to which the application is made;(e)the registration of the settlement agreement is contrary to public policy.

If a court refers, under subsection (5)(b) or (8)(c), a workplace fairness dispute purportedly resolved by the settlement agreement for mediation, the approved mediator must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (10), if the claimant, without reasonable excuse, fails to attend any mediation session, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes referred by the court.

—(1) This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.(2) The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.(3) Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.

This section applies if —(a)a claimant submits to the Commissioner a mediation request; and(b)the Commissioner refers any workplace fairness dispute listed in the request to an approved mediator for mediation.

The approved mediator to whom is referred any workplace fairness dispute in a mediation request must issue to the claimant a claim referral certificate in respect of the dispute, if —(a)the respondent is given reasonable notice of, but does not attend, any mediation session for the dispute;(b)at the end of the mediation in relation to the dispute, the dispute —(i)is not settled; and(ii)is not withdrawn from the list of workplace fairness disputes in the mediation request; or(c)the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which the request relates, the approved mediator may —(a)discontinue the mediation; and(b)refuse to issue to the claimant a claim referral certificate in respect of all or any of the workplace fairness disputes listed in that request.

—(1) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.(2) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(3) An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.(4) An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.(5) In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought if any proceedings relating to the same dismissal on the same ground are pending in, or have been heard and determined by, any court or an Industrial Arbitration Court.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is a decision to deny re‑employment to an employee on the ground of a protected characteristic must not be brought, if —(a)the employee has made representations in writing in relation to the same denial of re‑employment on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re-employment Act 1993; and(b)either —(i)the employee has not withdrawn the representations, and the Minister to whom the representations are made has not made a decision on those representations; or(ii)the Minister to whom the representations are made has made a decision on those representations.

An action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic must be immediately discontinued if the employee makes representations in writing in relation to the same dismissal on the same ground under section 35(3) of the Industrial Relations Act 1960 or section 8(1) or 8B(1) of the Retirement and Re‑employment Act 1993.

In this section and section 36M, “Industrial Arbitration Court” means an Industrial Arbitration Court established under section 3 of the Industrial Relations Act 1960.

If an action for discrimination in which the alleged discriminatory employment decision is the dismissal of an employee on the ground of a protected characteristic has been brought in the General Division of the High Court or an Employment Claims Tribunal, no proceedings relating to the same dismissal on the same ground may be brought in any court or an Industrial Arbitration Court, unless the action for discrimination is withdrawn, discontinued or dismissed for lack of jurisdiction.

—(1) A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.(2) The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.(3) The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.(4) The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.(5) In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.(6) Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.(7) Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.

A claim in the General Division of the High Court in any action for discrimination may only be made —(a)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(b)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.

The claim must be for —(a)in the case of an alleged discriminatory employment decision mentioned in section 5(1) — damages not exceeding an amount prescribed;(b)in the case of an alleged discriminatory employment decision mentioned in section 6(1) — damages; or(c)in the case of an alleged discriminatory employment decision mentioned in section 7(1) — either damages or reinstatement of the claimant in the claimant’s former employment.

The claim must —(a)relate to a workplace fairness dispute; and(b)be accompanied by a claim referral certificate issued in respect of each workplace fairness dispute for which the claim is made.

The claim must be made with the General Division of the High Court within the prescribed period after the date of issue of the claim referral certificate accompanying the claim.

In any action for discrimination, if the General Division of the High Court is satisfied on the balance of probabilities that the employer has committed a statutory tort of discrimination against the claimant, the court may —(a)subject to subsection (2)(a), award the claimant damages in respect of the discrimination as the court may, having regard to all the circumstances of the case, think just and equitable; and(b)in the case of an alleged discriminatory employment decision mentioned in section 7(1), order the employer to reinstate the claimant in the claimant’s former employment.

Regulations made under section 44 may —(a)for the purposes of the amount mentioned in subsection (2)(a) —(i)prescribe an amount that is lower than the tribunal limit; and(ii)prescribe different amounts for different categories of claims and different circumstances; and(b)for the purposes of the period mentioned in subsection (4), prescribe different periods for different categories of claims and different circumstances.

Despite subsection (4), the General Division of the High Court may accept a claim made after the period mentioned in that subsection if the General Division of the High Court is satisfied that there is reasonable excuse for the delay.

—(1) Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.(2) The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.(3) Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).(4) To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.

Despite section 8(1) of the Supreme Court of Judicature Act 1969 and subject to subsection (2), all proceedings before the General Division of the High Court under this Act must be conducted in private.

The General Division of the High Court may permit any of the following individuals to observe proceedings before the court:(a)any prescribed individual;(b)any individual belonging to a prescribed class of individuals;(c)any other individual that the court thinks fit.

Regulations made under section 44 may prescribe different individuals or classes of individuals for different categories of claims for the purposes of subsection (2).

To avoid doubt, subsection (1) does not prevent the General Division of the High Court from hearing 2 or more claims together, if it appears to the court that doing so is convenient and does not prejudice any party to any of those claims.

—(1) The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.(2) In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.

The General Division of the High Court, when dealing with any action for discrimination, is to adopt a judge‑led approach, that is to say, the court is to —(a)identify the relevant issues in the action; and(b)ensure that the relevant evidence is adduced by the parties to the proceedings before the court.

In proceedings under this Act, the General Division of the High Court may, on its own initiative, seek such other evidence, and make such other investigations and inquiries, as the court thinks fit.

—(1) Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.(2) A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.

Any party to a claim in an action for discrimination before the General Division of the High Court may appeal against an award or order made by the General Division of the High Court under section 36N(5) —(a)on any ground involving a question of law; or(b)on the ground that the claim was outside the jurisdiction of the General Division of the High Court.

A party may appeal under this section only if permission to appeal is given by the General Division of the High Court.

—(1) The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.(2) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.

The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating the practice and procedure of the Court of Appeal, the Appellate Division of the High Court, the General Division of the High Court and the District Court in respect of any matter under this Act.

All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.”.