Page:Employment Claims Act 2016.pdf/12

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EMPLOYMENT CLAIMS
13


and the time within which the application for the review must be made; and
(g) provide for the amendment of the list of specified employment disputes in a mediation request accepted by the Commissioner.

(7) The Minister may, by order in the Gazette, lengthen or shorten one or more of the following periods, either absolutely or for any class of claimants, any class of respondents and any category of specified employment disputes:

(a) the period of 6 months mentioned in subsection (2)(d);
(b) the period of one year mentioned in subsection (2)(e);
(c) the period of one year mentioned in subsection (3)(a)(ii).

(8) This section does not apply to a claim if a tripartite mediation has been conducted in an endeavour to reach a settlement in respect of the specified employment disputes to which the claim relates.

Conduct of mediation sessions

4.—(1) An approved mediator must conduct the first mediation session for a specified employment dispute as soon as is reasonably practicable after that dispute is referred under section 3(5), 7(5)(b)(ii) or 22(7) to the approved mediator.

(2) Despite subsection (1), an approved mediator need not conduct any mediation session for a specified employment dispute, if the approved mediator is satisfied that there is no reasonable prospect of settling the dispute through mediation.

(3) Each mediation session must be held in private.

(4) Despite subsection (3)—

(a) the Commissioner may refer all of the specified employment disputes mentioned in subsection (5)(a) or (b) for mediation by the same approved mediator; and
(b) that approved mediator may conduct the mediation sessions for all of the specified employment disputes mentioned in subsection (5)(a) or (b) together at the same time and place.