3Requirements for order

3 Requirements for order

3 Requirements for order

(1) The Board is not to make an order referred to in this Regulation unless:

(a) it has received a written application for the order, and

(b) it is satisfied that the period of service concerned was concluded by an involuntary termination.

(2) In this clause, involuntary termination means a termination of employment of an employee:

(a) because of the retrenchment of the employee, or

(b) by the employee’s former employer because of the employee’s infirmity of mind or body that, at the time, temporarily incapacitated the employee from performing his or her duties, whether or not that incapacity was work-related, or

(c) by the employee’s former employer at the end of the employee’s apprenticeship, because a suitable appointment with that former employer was not available, or

(d) because of pressing domestic necessity, or

(e) for any other reason agreed by both the Board and the former employer as giving rise to an involuntary termination of the employee’s employment,

but does not include a termination of employment arising from voluntary resignation, or from resignation or dismissal as a result of disciplinary action by the former employer.