South Australian Current Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 100

100—Proceedings under " " Fair Work Act 1994

        (1)         Nothing in this Act prevents a person who has been dismissed from employment from bringing proceedings before SAET in respect of that dismissal under the Fair Work Act 1994 .

        (2)         If a person brings proceedings under—

            (a)         Chapter 3 Part 6 of the Fair Work Act 1994 ; or

            (b)         Part 3-2 of the Fair Work Act 2009 of the Commonwealth,

in respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under this Act in respect of that dismissal.

        (3)         Subsection (2) does not apply if the proceedings under the Fair Work Act 1994 or the Fair Work Act 2009 of the Commonwealth are dismissed on a ground that does not relate to a ground of discrimination under this Act.

        (4)         If a person brings proceedings under this Act in respect of dismissal from employment, and those proceedings are determined, that person cannot institute or prosecute proceedings under the Fair Work Act 1994 in respect of the dismissal.

        (5)         Subsection (4) does not apply if the proceedings under this Act are dismissed and the proceedings under the Fair Work Act 1994 do not relate to a ground of discrimination under this Act.

        (6)         The Commissioner may, with leave of SAET in proceedings before SAET under the Fair Work Act 1994 , make submissions and present evidence in those proceedings.