Page:Employment Claims Act 2016.pdf/42

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EMPLOYMENT CLAIMS
43


(a) the functions and duties of the Commissioner that the authorised person is authorised to carry out;
(b) the powers of the Commissioner that the authorised person is authorised to exercise;
(c) the conditions of the authorisation; and
(d) the limitations to which the authorisation is subject.”;
(c) by deleting subsections (5) and (6) of section 33;
(d) by deleting subsections (1C) and (2) of section 65 and substituting the following subsections:
“(2) A workman who wishes to recover any salary from a person liable under this section for the salary must, before lodging a claim for the salary under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, a mediation request for the mediation under Part 2 of that Act of every dispute for which the claim will be lodged.
(2A) The workman must submit the mediation request to the Commissioner within 60 days after the date on which the salary becomes due for payment in accordance with Part III.
(2B) The Commissioner may, in the Commissioner’s discretion, extend the period under subsection (2A) within which the workman must submit the mediation request to the Commissioner.
(2C) However, if a workman has lodged, before the date of commencement of section 38(d) of the Employment Claims Act 2016, a claim under section 119 for any salary against a person liable under this section for the salary—
(a) subsections (2), (2A) and (2B) do not apply to the recovery of the salary under that claim; and