AI Summary of 41. Presentation of complaints and referral of disputes
This section outlines the procedures for employees and agency workers to present complaints or refer disputes to the Director General regarding contraventions of specified employment provisions. The Director General is mandated to refer these matters for adjudication, ensuring proper inquiry, evidence presentation, and decision-making.
Adjudication officers handle these proceedings, which may involve public hearings unless special circumstances are established. Complaints and disputes must be presented within a defined timeframe, with the possibility of extension for reasonable causes. Furthermore, parties may be represented during proceedings, thereby enhancing access to justice in employment matters.
41. Presentation of complaints and referral of disputes
Amendments (requiring commencement) by s. 7 of the Employment (Contractual Retirement Ages) Act 2025 (No. 16), published 16 December 2025.
(1) An employee (in this Act referred to as a "complainant") or, where the employee so consents, a specified person may present a complaint to the Director General that the employee's employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation to the employee and, where a complaint is so presented, the Director General shall, subject to section 39, refer the complaint for adjudication by an adjudication officer.
(2) An employee or an employer (in this Act also referred to as a "complainant") or, where the complainant so consents, a specified person, may refer a dispute as to the entitlements of the employee under an enactment specified in Part 3 of Schedule 5 to the Director General, and, where a dispute is so referred, the Director General shall, subject to section 39, refer the dispute for adjudication by an adjudication officer.