Retirement and Re-employment Act 1993 · 2020 Revised Edition · Part 4 · Remedies
8A. Conciliation, etc.
Feedback & supportLast amended by an amending law of 2017. 2 amendments in all.
An employee who has a re-employment dispute with his or her employer which relates to any matter referred to in subsection (4)(a) or (b) must, before making any representation to the Minister under section 8B, first notify the Commissioner in writing of the re‑employment dispute no later than one month after the last day of the employee’s employment with his or her employer.
employee
“employee” means a person who has entered into or works under a contract of service with an employer;
An employee (being an employee who attains the specified age on or after 1 January 2012) who considers that he or she has been dismissed without just cause or excuse by his or her employer on or after the date the employee attains the specified age must, before making any representation to the Minister under section 8B, first notify the Commissioner in writing of the dismissal no later than one month after the last day of the employee’s employment with the employer.
specified age
“specified age” means —(a)in relation to any person or class of persons as may be prescribed by the Minister by notification in the Gazette, such age as may be prescribed by the Minister in the Gazette in relation to such person or class of persons; and(b)in relation to any other person —(i)the prescribed minimum retirement age; or(ii)where the retirement age stipulated in a contract of service is higher than the prescribed minimum retirement age, the retirement age so stipulated;
An employee who has a re‑employment dispute with his or her 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.
employer
“employer” means a person who employs another person under a contract of service and includes —(a)the Government;(b)any statutory authority;(c)any duly authorised agent or manager of any employer; and(d)any person who owns or is carrying on, or for the time being responsible for the management or control of a profession, business, trade or work in which any employee is engaged;
For the purposes of this Part, a re‑employment dispute means a dispute over any of the following matters:
re-employment
“re-employment” means the employment of an employee by the same employer on or after the date the employee attains the specified age applicable to that employee;
the denial of re‑employment to an employee on the ground that the employee does not satisfy the eligibility criteria set out in section 7(1);
the denial of re‑employment, in accordance with section 7C(1), to an employee on the ground that the employer is unable to find a vacancy in the employer’s establishment which is suitable for the employee;
the reasonableness of the terms and conditions of any re‑employment offer made pursuant to section 7A(1) or (3)(a)(i) by an employer;
the reasonableness of the amount of any employment assistance payment offered to an employee pursuant to section 7C(1)(a).
Upon receipt of the notice referred to in subsection (1) or (2), the Commissioner may consult, or direct an approved mediator to consult, the employer and employee concerned in an endeavour to assist them to reach an agreement through conciliation.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3(1) of the Employment Act 1968;