Australian Capital Territory Current Acts

LONG SERVICE LEAVE ACT 1976 - SECT 11C

    (1)     Where—

        (a)     a person's employment is terminated—

              (i)     by the person because of illness or incapacity or a domestic or other pressing necessity of such a nature to justify the termination; or

              (ii)     by the person upon or after attaining the minimum retiring age; or

              (iii)     by the death of the person; or

              (iv)     by the employer for a reason other than the person's serious and wilful misconduct; and

        (b)     the person had completed a period of service in that employment of at least 5 years but less than 7 years;

the employer shall pay the amount ascertained in accordance with subsection (2)—

        (c)     to the person; or

        (d)     if the person is dead—to the legal personal representative of the deceased person.

    (2)     The amount payable is an amount that is equal to the amount of ordinary remuneration that, but for the cessation of employment, would have been payable by the employer to the person for a period of service equal to the period that bears to 2 months the same proportion as the number of years or months of service completed by the person bears to 10 years.

    (3)     In this section:

"minimum retiring age", in relation to a person, means—

        (a)     if a minimum retiring age applies to the person under an award or agreement—the age fixed by the award or agreement; and

        (b)     in any other case—the age of 65 years.