Employment Relations (Triangular Employment) Amendment Bill

  • enacted
7 New section 115A inserted (Notifying controlling third party of personal grievance)

After section 115, insert:

115A Notifying controlling third party of personal grievance

(1)

For the purposes of section 103B, this section is complied with—

(a)

when an employee—

(i)

considers that the actions of a controlling third party caused or contributed to the personal grievance; and

(ii)

notifies the controlling third party of that fact within the 90-day employee notification period; or

(b)

when an employer—

(i)

considers that the actions of a controlling third party caused or contributed to the personal grievance; and

(ii)

notifies the controlling third party of that fact within the 90-day employer notification period; or

(c)

if the controlling third party has consented to being notified under subsection (2); or

(d)

if the Authority has granted leave to notify the controlling third party under subsection (4).

(2)

Subsection (1)(a) or (b) does not apply if the controlling third party consents to being notified after the expiration of the relevant 90-day notification period.

(3)

If the controlling third party does not consent to being notified after the relevant 90-day notification period, the employee or the employer may apply to the Authority for leave to notify the controlling third party after the expiration of that period.

(4)

On an application under subsection (3), the Authority, after giving the controlling third party an opportunity to be heard, may grant leave accordingly, subject to any conditions that it thinks fit, if the Authority considers it just to do so.

(5)

In any case where the Authority grants leave under subsection (4), the Authority must direct the employee, the employer, and the controlling third party to use mediation to seek to resolve the personal grievance.

(6)

In this section,—

90-day employee notification period means the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is later

90-day employer notification period means the period of 90 days beginning with the date on which the employer’s employee raised the personal grievance with the employer

relevant 90-day notification period means the 90-day employee notification period or the 90-day employer notification period.