Employment Claims Act 2016 · 2020 Revised Edition · Part 2 · Mediation of Employment Disputes
6. Claim referral certificate
Feedback & supportThis section applies where —
a claimant submits to the Commissioner a mediation request; and
the Commissioner refers any specified employment dispute listed in that request to an approved mediator.
The approved mediator to whom is referred any specified employment dispute in a mediation request must issue to the claimant a claim referral certificate in respect of every unresolved specified employment dispute listed in the mediation request, if —
approved mediator
“approved mediator” means any individual approved by the Commissioner as a mediator for one or more of the following:(a)a mediation under Part 2 of a specified employment dispute;(b)a tripartite mediation;(c)a mediation mentioned in section 115(2A) of the Employment Act 1968;(d)a consultation or conciliation under section 8A(5) of the Retirement and Re‑employment Act 1993;(e)a mediation or conciliation of any dispute under any other written law that the Commissioner may determine, being a written law relating to employment, employment terms or the relations between employers and employees;
the respondent is given reasonable notice of, but does not attend, the mediation for that dispute;
no settlement is reached at the end of the mediation in relation to one or more of the specified employment disputes listed in the mediation request; or
the approved mediator is satisfied that there is no reasonable prospect of settling through mediation the specified employment dispute.
Despite subsection (2), if a claimant submits a mediation request but, without reasonable excuse, fails to attend any mediation session to which that request relates, the approved mediator may —
claimant
“claimant” means a person who lodges a claim with a tribunal, and includes, for the purposes of Part 2, a person who intends to lodge a claim with a tribunal;
discontinue the mediation; and
refuse to issue to the claimant a claim referral certificate in respect of all or any of the unresolved specified employment disputes listed in that request.
In this section, a specified employment dispute listed in a mediation request is unresolved if the dispute —
specified employment dispute
“specified employment dispute” means a specified contractual dispute, a specified statutory dispute or a wrongful dismissal dispute;
is not settled; and
is not withdrawn from the list of specified employment disputes in the mediation request.