Page:Employment Claims Act 2016.pdf/10

Rh (3) The mediation request—
 * (a) subject to paragraphs (b) and (c), must list every specified employment dispute in relation to which all of the following requirements are satisfied at the time the mediation request is submitted to the Commissioner:
 * (i) a claim for an amount relating to the dispute satisfies the requirements in section 12(2), (3) and (4);
 * (ii) the material facts giving rise to the dispute occurred not earlier than one year before the date on which that request is submitted to the Commissioner in accordance with subsection (2);
 * (iii) the dispute is not listed in an earlier mediation request (relating to specified employment disputes between the same claimant and the respondent) already accepted by the Commissioner and is not withdrawn before the date of the first mediation session to be conducted pursuant to the earlier mediation request;
 * (b) must not list a specified employment dispute if—
 * (i) paragraph (a) requires an earlier mediation request that was submitted by the claimant and accepted by the Commissioner to list the dispute; and
 * (ii) the requirements prescribed for this sub‑paragraph are not satisfied in relation to the dispute;
 * (c) must not list a specified employment dispute if, under section 16, a claim for an amount relating to the dispute cannot be lodged by the claimant with a tribunal; and
 * (d) must be accompanied by the prescribed fee for a mediation under this Part.

(4) The Commissioner may—
 * (a) refuse to accept a mediation request if—
 * (i) that request does not comply with the requirements in subsections (2) and (3); or