Page:Employment Claims Act 2016.pdf/25

26 : under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the claim is deemed to be discontinued with effect from the date of that Minister’s decision; and
 * (c) if that Minister decides to allow the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged, the employee may proceed with the claim.

(7) Where an employee has lodged with a tribunal a claim for employment assistance payment, the employer of the employee cannot defend the claim on the ground that the employee does not satisfy the re‑employment eligibility criteria set out in section 7(1) of the Retirement and Re‑employment Act, if the employer did not raise this defence during the mediation under Part 2 of the specified employment dispute concerning the employment assistance payment.

Transfer of proceedings

17.—(1) Where it appears to an appropriate court, on the application of a party to any proceedings before a tribunal, that there is sufficient reason for those proceedings, or a counterclaim in those proceedings, to be dealt with by that court, that court may order those proceedings or that counterclaim (as the case may be) to be transferred to that court.

(2) An application under subsection (1) must be made within such time and in such manner as may be prescribed by Rules of Court made under section 33.

(3) An order under subsection (1) may be made on such terms as the appropriate court thinks fit.

(4) Where the appropriate court orders under subsection (1) that a counterclaim in proceedings before a tribunal be transferred to that court, and the tribunal determines the claim in those proceedings by ordering the respondent to pay money to the claimant, unless that court at any time otherwise orders, execution on the tribunal’s order is stayed until the proceedings on the counterclaim are concluded.