(1) Despite rule 135 , a defendant to an employment claim may take the following steps without first filing a notice of intention to defend—(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.
(2) An application made under subrule (1) (a) or (c) must contain an address for service.
(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.
(4) A notice of intention to defend an employment claim and the defence—(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.
(5) To remove any doubt, it is declared that, subject to this rule, chapter 5 applies to a proceeding started by an employment claim.