sec.522HNotice of intention to defend employment claim

### sec.522H Notice of intention to defend employment claim Despite rule 135 , a defendant to an employment claim may take the following steps without first filing a notice of intention to defend— apply to the court under section 42C of the Act for the court’s decision whether the claim is or is not an employment claim; participate in a conciliation process; apply to a court under section 42N of the Act for an order giving effect to an agreement reached in a conciliation process. An application made under subrule (1) (a) or (c) must contain an address for service. Despite rule 137 , a notice of intention to defend an employment claim must be filed within 28 days after a conciliation certificate is filed, if the claim has not been entirely resolved during the conciliation process. A notice of intention to defend an employment claim and the defence— must be in the approved form; and must include— a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and how any amount owing is worked out; and why the defendant owes the amount. To remove any doubt, it is declared that, subject to this rule, chapter 5 applies to a proceeding started by an employment claim. r 522H ins 2007 SL No. 315 s 5 amd 2009 SL No. 162 s 2 sch (sec.522H-ssec.1) Despite rule 135 , a defendant to an employment claim may take the following steps without first filing a notice of intention to defend— apply to the court under section 42C of the Act for the court’s decision whether the claim is or is not an employment claim; participate in a conciliation process; apply to a court under section 42N of the Act for an order giving effect to an agreement reached in a conciliation process. (sec.522H-ssec.2) An application made under subrule (1) (a) or (c) must contain an address for service. (sec.522H-ssec.3) Despite rule 137 , a notice of intention to defend an employment claim must be filed within 28 days after a conciliation certificate is filed, if the claim has not been entirely resolved during the conciliation process. (sec.522H-ssec.4) A notice of intention to defend an employment claim and the defence— must be in the approved form; and must include— a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and how any amount owing is worked out; and why the defendant owes the amount. (sec.522H-ssec.5) To remove any doubt, it is declared that, subject to this rule, chapter 5 applies to a proceeding started by an employment claim. - (a) apply to the court under section 42C of the Act for the court’s decision whether the claim is or is not an employment claim; - (b) participate in a conciliation process; - (c) apply to a court under section 42N of the Act for an order giving effect to an agreement reached in a conciliation process. - (a) must be in the approved form; and - (b) must include— (i) a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and (ii) how any amount owing is worked out; and (iii) why the defendant owes the amount. - (i) a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and - (ii) how any amount owing is worked out; and - (iii) why the defendant owes the amount. - (i) a response answering the plaintiff’s assertions in the employment claim and stating any amount the defendant admits owing the plaintiff; and - (ii) how any amount owing is worked out; and - (iii) why the defendant owes the amount.