Issued: 11 April 2002
Reviewed: 18 January 2010
In order that consistency is maintained in mutual cancellation arrangements, the attached application form and procedure details the process for dealing with the mutual cancellation of an apprenticeship or traineeship.
A training contract may be cancelled by the mutual and voluntary agreement of both parties to the apprenticeship or traineeship. Before entering into a mutual cancellation the parties should be encouraged to seek advice and assistance from ITC Field Staff on the cancellation procedure.
The attached Application to Cancel an Apprenticeship or Traineeship by consent form, provides a means by which the parties to a training contract may formally cancel that contract and meet their obligations under Section 22 of the Apprenticeship and Traineeship Act, 2001 (A&T Act). Applications to cancel should not be made until some attempt has been made to consider options to continue the training arrangement.
Where it is not practicable for the parties to a training contract to use the Application to Cancel an Apprenticeship or Traineeship by consent form the parties may prepare a similar advice provided ALL necessary details required to legally cancel the training contract are included in such notice prepared by the parties.
In all cases either party may notify the Commissioner within 7 days of lodgement that they withdraw their consent to the cancellation.
Note: An incomplete form lodged by either party to a Training Contract is not to be accepted as notice of cancellation under Section 22 of the Apprenticeship and Traineeship Act, 2001.