Page:Employment Claims Act 2016.pdf/24

Rh ::(ii) refers any question under section 84(2) of the Employment Act to the Minister mentioned in that provision;
 * (iii) makes representations in writing under section 35(3) of the Industrial Relations Act to the Minister mentioned in that provision; or
 * (iv) makes representations in writing under section 8(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision; and
 * (b) the claim is deemed to be discontinued with effect from the date on which the employee makes those representations or that referral (as the case may be).

(5) Where an employee has made representations in writing under section 8B(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision, the employee cannot lodge with a tribunal a claim for employment assistance payment, unless—
 * (a) that Minister allows, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment will be lodged; and
 * (b) a claim referral certificate is issued in respect of that dispute.

(6) Where, after an employee has lodged with a tribunal a claim for employment assistance payment, the employee makes representations in writing under section 8B(1) of the Retirement and Re‑employment Act to the Minister mentioned in that provision—
 * (a) the claim is stayed until that Minister decides whether to allow, under section 8B(7) of that Act, the employee to submit to the Commissioner a mediation request for a mediation under Part 2 of the specified employment dispute for which the employee’s claim for employment assistance payment has been lodged;
 * (b) if that Minister decides not to allow the employee to submit to the Commissioner a mediation request for a mediation