- (b) whether a party without reasonable excuse failed to attend a mediation under Part 2, or a tripartite mediation (conducted by an approved mediator), of a specified employment dispute for which the claim is lodged;
- (c) whether any party without reasonable excuse failed to attend any proceedings before the tribunal which that party was required to attend.
(3) A tribunal’s order under subsection (1) is subject to such conditions as the tribunal thinks fit to impose.
(4) The total amount of money that a tribunal orders to be paid to a party under subsection (1)(a) for a claim must not exceed the prescribed claim limit in section 12(7) which is applicable to the party.
(5) To avoid doubt—
- (a) any amount of money that a tribunal orders to be paid under subsection (1)(a) does not include any costs that a tribunal orders to be paid under subsection (1)(c); and
- (b) where a tribunal orders a party to pay an amount of money under subsection (1)(a) and costs under subsection (1)(c), any money paid by the party is to be applied first to the payment of the amount under subsection (1)(a), and then to the payment of the costs under subsection (1)(c).
(6) Where a tribunal does not have jurisdiction to determine a claim or any part of a claim, that claim or part (as the case may be) must be dismissed for lack of jurisdiction.
(7) A tribunal may, instead of determining a claim by making an order under subsection (1), refer any specified employment dispute for which the claim is lodged for mediation under Part 2 (if the claim arose from a mediation under Part 2) or for tripartite mediation to be conducted by an approved mediator (if the claim arose from a tripartite mediation conducted by an approved mediator), with or without the consent of the parties.
(8) A tribunal may, when making a referral under subsection (7), order all or any of the parties to personally attend the mediation under Part 2 or the tripartite mediation (as the case may be).
