If—
(a) a worker is dismissed in circumstances entitling the worker to—(i) lodge a complaint with the commissioner under the Act ; and(ii) apply for industrial relief; and
(b) the worker applies for industrial relief before lodging a complaint;the worker may proceed with both the complaint and the application for industrial relief, but the tribunal may not make an order in respect of the complaint requiring the reinstatement or re-employment of the worker.