The court found that section 90 of the Employment Act does not apply to work injury claims, which are governed by the Work Injury Benefit Act (WIBA). The Employment and Labour Relations Court only has appellate jurisdiction over such claims, with original jurisdiction vested in the Director as per section 52 of WIBA and relevant Court of Appeal authority. However, given the legal position at the time of filing, the court declined to strike out or dismiss the claim and instead referred the dispute to the Director under WIBA for hearing and determination. Each party was ordered to bear their own costs.