If an employer does not consider an employee's request under the statutory right to make a request in relation to study or training because it is incomplete, is the employee barred from submitting another request for 12 months?
No, if a request in relation to study or training is incomplete and does not contain the necessary information, for example it does not state how the study or training would improve the performance of the employer's business, the statutory procedure is not triggered. Therefore, the rule that the employee cannot submit a further request for 12 months does not apply.
While there is no statutory obligation on an employer to take any action relating to an incomplete request, it is good practice for the employer to explain to the employee what further information is required and ask him or her to resubmit the amended application.
Once the employee has provided the prescribed information, if he or she then fails to supply further information required by the employer to make a final decision (eg details of the cost of the training), the employer may treat the application as withdrawn. The employee would then be barred from submitting another request for 12 months.