sec.42CDecision of Magistrates Court about whether claim is an employment claim

### sec.42C Decision of Magistrates Court about whether claim is an employment claim In a proceeding started under this part in a Magistrates Court, the court may, on the application of a party to the proceeding, decide whether the claim made in the proceeding is or is not an employment claim. Subsection (3) applies if— a Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and the plaintiff later starts a proceeding based on the claim in the industrial relations commission. For the Industrial Relations Act 2016 — if there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission. s 42C ins 2007 No. 23 s 59 amd 2016 No. 63 s 1157 sch 6 (sec.42C-ssec.1) In a proceeding started under this part in a Magistrates Court, the court may, on the application of a party to the proceeding, decide whether the claim made in the proceeding is or is not an employment claim. (sec.42C-ssec.2) Subsection (3) applies if— a Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and the plaintiff later starts a proceeding based on the claim in the industrial relations commission. (sec.42C-ssec.3) For the Industrial Relations Act 2016 — if there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission. - (a) a Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and - (b) the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and - (c) the plaintiff later starts a proceeding based on the claim in the industrial relations commission. - (a) if there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and - (b) any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission.