Clause 41

by inserting, immediately before the definition of “collective agreement” in section 2(1), the following definitions:“ “approved mediator” and “claim referral certificate” have the same meanings as in section 2(1) of the Employment Claims Act 2016;”;

by inserting, immediately after the definition of “employment assistance payment” in section 2(1), the following definition:“ “Employment Claims Tribunal” means an Employment Claims Tribunal constituted under section 4 of the State Courts Act (Cap. 321);”;

by inserting, immediately after the definition of “investigating officer” in section 2(1), the following definition:“ “mediation request” has the same meaning as in section 2(1) of the Employment Claims Act 2016;”;

by deleting the words “, conciliation officers” in section 3(3);

by deleting subsection (3) of section 8A and substituting the following subsection:“(3) An employee who has a re‑employment dispute with his employer which relates to any matter referred to in subsection (4)(c) or (d) must, before lodging a claim against the employer under section 13 of the Employment Claims Act 2016, submit to the Commissioner, under section 3(1) of that Act, not later than 6 months after the last day of the employee’s employment with the employer, a mediation request for the mediation under Part 2 of that Act of the re‑employment dispute.”;

by deleting the words “subsection (1), (2) or (3)” in section 8A(5) and substituting the words “subsection (1) or (2)”;

by deleting the words “a conciliation officer” in section 8A(5) and substituting the words “an approved mediator”;

by inserting, immediately after the word “Conciliation” in the section heading of section 8A, the word “, etc.”;

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 —

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

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.”;

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”;

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.”;

by deleting the words “with the Commissioner in accordance with subsection (1)” in section 8C(3) and substituting the words “with an Employment Claims Tribunal”;

by deleting the word “Commissioner” wherever it appears in section 8C(4) and substituting in each case the words “Employment Claims Tribunal”;

by repealing sections 8D, 8E and 8F;

by deleting the words “8B, 8C and 8F” in section 11B and substituting the words “8B and 8C”;

by deleting the word “; and” at the end of section 12(2)(c) and substituting a full‑stop;

by deleting paragraph (d) of section 12(2); and

by deleting subsection (4) of section 13 and substituting the following subsection:“(4) Despite section 41(e) to (q) of the Employment Claims Act 2016, sections 8A to 8F, 11B and 12(2) as in force immediately before the date of commencement of section 41(e) to (q) of the Employment Claims Act 2016 continue to apply in the following cases:

any case where an employee notifies the Commissioner in writing, before that date and in accordance with section 8A(3) as in force immediately before that date, of a re‑employment dispute with the employee’s employer which relates to a matter referred to in section 8A(4)(c) or (d);

any case where the Minister allows, before that date, an employee to lodge a claim for employment assistance payment with the Commissioner in accordance with section 8B(7) as in force immediately before that date;

any case where an employee lodges, before that date, a claim with the Commissioner in accordance with section 8C(1) as in force immediately before that date.”.