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KSTGeneral information, not legal advice
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Who may apply to the Labour Relations Commission for correction of differential treatment, and what conduct and what period govern that application?

General information · Not legal advice

Material to check

In a practice file of this kind we read the employment papers showing the applicant was a worker of that employer, the complaint or application lodged with the Labour Relations Commission, and the correspondence, pay records or dismissal papers showing what the employer did and the dates it began and, where it continued, ended.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the provision as a full statement of scope: a worker who has received from an employer any one of the three listed forms of differential treatment may apply to the Labour Relations Commission established under the Labour Relations Commission Act for its correction, the application must state the content of the treatment concretely, and the period for applying runs from the day the treatment was received, or, for conduct under the first and third items, from the day that continuing conduct ended.

Another reading stresses where the time bar bites differently: only conduct under the first and third items is treated as continuing, so for a failure to take the appropriate measure under the second item the period runs from the day of receipt alone, and the provision itself fixes no procedure, leaving the method and steps to what the Central Labour Relations Commission separately prescribes and publishes.

Your judgment

Where a single act is both a failure to take an appropriate measure and a continuing disadvantage, which item and which starting date would the file have to support?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to change the period, its starting point or the conduct it lists, or if a court decision or a published notice of the Central Labour Relations Commission settles how the procedure runs.

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