Section 22 - Suspension and cancellation of apprenticeships and traineeships by consent
- An application for suspension or cancellation of an apprenticeship or traineeship may be made to the Commissioner by the employer and the apprentice or trainee, or by either of them alone.
- In the case of an application made by both parties, the apprenticeship or traineeship is suspended or cancelled in accordance with the application on the expiry of 7 days after the application is lodged with the Commissioner, unless the Commissioner directs otherwise.
- Such a direction may be given only if the Commissioner is satisfied:
- that the consent of one of the parties to the application has been obtained as a result of undue influence, or
- one of the parties to the application has, before the expiry of the 7-day period, notified the Commissioner that he or she withdraws consent to the application.
- In the case of an application made by one only of the parties, the Commissioner must send a notice to the other party requesting the party to notify the Commissioner whether or not the party consents to the suspension or cancellation.
- If the Commissioner does not receive any reply to such a request within 21 days after the date on which the notice was sent:
- the consent of the party to whom the notice was sent is taken to have been given, and
- the apprenticeship or traineeship is suspended or cancelled in accordance with the application on the expiry of the 21-day period.
Page last updated: 07 April 2016