Page:Employment Claims Act 2016.pdf/49

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(i) by deleting subsection (7) of section 8B and substituting the following subsections:

“(7) Despite any other provision in this section, the Minister may allow the employee to submit to the Commissioner, under section 3(1) of the Employment Claims Act 2016, a mediation request for the mediation under Part 2 of that Act of the re‑employment dispute and, if a claim referral certificate is issued in respect of that dispute, to lodge a claim for employment assistance payment under section 13 of that Act, where the Minister —

(a) has considered any report made by the Commissioner under subsection (5); and

(b) is satisfied, in the case of a re‑employment dispute over the matter referred to in section 8A(4)(b), that the employer has made reasonable attempts to find a vacancy in the employer’s establishment which is suitable for the employee.

(7A) Where subsection (7) applies, the employee must submit the mediation request to the Commissioner within such time as the Minister may determine.”;

(j) by deleting the words “Sections 8C(4), 8D, 8E and 8F shall apply” in section 8B(8) and substituting the words “Section 8C(4) applies”;

(k) by deleting subsections (1) and (2) of section 8C and substituting the following subsection:

“(1) An employee who has a re‑employment dispute with his employer which relates to any matter referred to in section 8A(4)(c) or (d) may, if a claim referral certificate is issued in respect of that dispute, lodge a claim for employment assistance payment with an Employment Claims Tribunal under section 13 of the Employment Claims Act 2016.”;