Page:Employment Claims Act 2016.pdf/46

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(b) the period of 6 months mentioned in subsection (2)(b).”;

(j) by inserting, immediately after the words “a conciliation officer” in section 30H(3)(a), the words “or an approved mediator”;

(k) by inserting, immediately after the words “conciliation officer” in section 30H(4), the words “or approved mediator”;

(l) by inserting, immediately after subsection (5) of section 30H, the following subsections:

“(6) Where a tripartite mediation is conducted by an approved mediator, the approved mediator must issue to the employee a claim referral certificate in respect of every unresolved specified employment dispute that is a subject of the tripartite mediation, if—

(a) the employer is given reasonable notice of, or is directed under section 30H(3)(c) to participate in, the tripartite mediation, but does not attend any mediation session; or

(b) no settlement is reached at the end of the tripartite mediation in relation to one or more of the specified employment disputes that are the subject of the tripartite mediation.

(7) Despite subsection (6), if the employee is given reasonable notice of, or is directed under section 30H(3)(c) to participate in, the tripartite mediation, and the employee fails, without reasonable excuse, to attend any mediation session, the approved mediator may refuse to issue to the employee a claim referral certificate in respect of all or any of the unresolved specified employment disputes that are the subject of the tripartite mediation.

(8) Despite subsection (6)(a), if the employer is directed by the Minister under section 30J(2) to attend a mediation session, the approved mediator must not