Victorian Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT 2021 (NO. 14 OF 2021) - SECT 75

For section 9(1) and (2) of the Long Service Leave Act 2018 substitute —

    "(1)     If an employee's employment ends (other than because of the employee's death) before the employee has taken all the long service leave to which the employee is entitled—

        (a)     the employee is taken to have started long service leave on the day on which the employment ends; and

        (b)     the full amount of the employee's long service leave entitlement, calculated as at the day on which the employment ends, is due and payable to the employee on that day.

    (2)     The employer of an employee referred to in subsection (1) must pay the employee the full amount of the employee's long service leave entitlement.

Penalty:     In the case of a natural person, 12 penalty units for each day during which the offence continues;

    In the case of a body corporate, 60 penalty units for each day during which the offence continues.

Note

Section 43 applies to an offence against this subsection.

    (3)     The obligation imposed under subsection (2) to pay the employee's long service leave entitlement continues from the day on which the entitlement accrues under subsection (1)(b) until the employer has paid the full amount of the entitlement to the employee.".