It is now mandatory to apply for mediation, before certain
claims are brought, as follows:
- for both
employers and employees – claims regarding employee
"receivables" and compensation arising from either the
Labour Act, the employment agreement, and/or a relevant collective
bargaining agreement; and
- for
employees – claims for re-instatement.
Mandatory mediation is not applicable to
claims arising from occupational accidents and diseases.
Where mediation is mandatory, this must
be completed within three weeks and the mediator must deliver their
decision on the application within this period. If required, the
mediator can extend this period by a maximum of one week.
If the parties do not apply for
mediation before bringing the above listed claims, their claim will
be dismissed as they will not have fulfilled the specified
requirements under the Procedural Code.
