Page:Employment Claims Act 2016.pdf/22

Rh Claimant may abandon part of claim

15.—(1) Where the total amount alleged to be payable under a claim exceeds the prescribed claim limit in section 12(7) which is applicable to the claimant, the claimant may abandon the excess amount.

(2) If the claimant abandons the excess amount—
 * (a) the total amount alleged to be payable under the claim is deemed to be within the prescribed claim limit in section 12(7) which is applicable to the claimant;
 * (b) the tribunal has jurisdiction to hear and determine the claim; and
 * (c) an order of the tribunal in relation to the claim fully discharges all demands in respect of the claim.

(3) Where the claimant has abandoned the excess amount, the claimant cannot recover that amount in a tribunal or any other court.

Other proceedings relating to claim

16.—(1) A claim for an amount relating to a specified employment dispute cannot be lodged with a tribunal if—
 * (a) any proceedings relating to that amount are pending in, or have been heard and determined by, any other court or an Industrial Arbitration Court; or
 * (b) a claim lodged under section 119 of the Employment Act (Cap. 91) in respect of that dispute is pending, or the Commissioner has inquired into and decided that dispute under section 115 of that Act.

(2) Despite any other written law, where a claim for an amount relating to a specified employment dispute is lodged with a tribunal, no proceedings relating to that amount can be commenced in any other court or an Industrial Arbitration Court by either party against the other, unless the claim is withdrawn, discontinued or dismissed for lack of jurisdiction.

(3) Where an employee is dismissed, the employee cannot lodge with a tribunal a claim for any amount relating to a specified employment dispute concerning a matter specified in item 17 of the