EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 44 Failure to negotiate a Case Management Activity Agreement

EMPLOYMENT SERVICES ACT 1994 No. 176 of 1994 - SECT 44

When this section applies
44.(1) This section applies if:

   (a)  a person has been given notice under subsection 38(5) of a requirement
        to enter into a Case Management Activity Agreement; and

   (b)  the Employment Secretary is satisfied that the person is unreasonably
        delaying entering into the agreement.

Reasons for delay

(2) The Employment Secretary may be so satisfied:

   (a)  because of the person's failure to:

        (i)    attend the negotiation of the agreement; or

        (ii)   respond to correspondence about the agreement; or

        (iii)  agree to terms of the agreement proposed by the case manager;
               or

   (b)  for any other reason.

Notification

(3) The Employment Secretary may give the person a written notice stating that
the person is being taken to have failed to enter into the agreement. If such
a notice is given, the person is taken to have failed to have entered into the
agreement.
Note: Sections 28A and 29 of the Acts Interpretation Act 1901 (which deal with
service of documents) apply to a notice given under this subsection.

Rules about notice

(4) A notice under subsection (3) must:

   (a)  set out the reasons for the decision to give the notice; and

   (b)  include a statement describing the rights of the person to apply for a
        review of the decision.