Page:Employment Claims Act 2016.pdf/49

50 :(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.”;