Page:Employment Claims Act 2016.pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
10
NO. 21 OF 2016


authorised by the Commissioner, carry out any function or duty, and exercise any power, of the Commissioner under this Act.

PART 2
MEDIATION OF EMPLOYMENT DISPUTES

Mediation of specified employment dispute

3.—(1) Before a claimant lodges a claim against a respondent, the claimant must submit to the Commissioner a mediation request relating to every specified employment dispute for which the claim will be lodged.

(2) The mediation request must be submitted to the Commissioner in the prescribed manner by the following time:

(a) for any specified employment dispute concerning the recovery, under section 65 of the Employment Act (Cap. 91), of salary—within the period mentioned in section 65(2A) of that Act or, if that period is extended under section 65(2B) of that Act, within the extended period;
(b) for any re‑employment dispute described in section 8A(3) of the Retirement and Re‑employment Act (Cap. 274A)—not later than 6 months after the last day of employment of the employee;
(c) for any re‑employment dispute under section 8B(7) of the Retirement and Re‑employment Act—within the time determined under section 8B(7A) of that Act;
(d) for any specified employment dispute where an employment relationship has ended (whether due to the retirement of the employee, or the expiry or termination of the contract of service, or otherwise) but not mentioned in paragraph (a), (b) or (c)—not later than 6 months after the last day of employment of the employee;
(e) for any other specified employment dispute—not later than one year after the date on which the material facts giving rise to the earliest specified employment dispute listed in the mediation request occurred.