Australian Capital Territory Current Acts

LONG SERVICE LEAVE ACT 1976 - SECT 8

    (1)     An employer commits an offence if the employer does not pay an employee for long service leave—

        (a)     in advance for the whole period of the long service leave; or

        (b)     at the same times as the employer would have paid the employee if the employee had not taken the leave and, if the employee asks for it, by cheque posted to an address the employee nominates; or

        (c)     if the employer and the employee agree—in another way.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     If, after payment in respect of long service leave is made in accordance with subsection (1), the amount of ordinary remuneration payable under an award or agreement to the employee increases, payment of that increase shall—

        (a)     if payment was made under subsection (1) (a)—be made to the employee as soon as practicable on completion of that leave; or

        (b)     if payment was made under subsection (1) (b)—be made to the employee in accordance with that paragraph; or

        (c)     if payment was made under subsection (1) (c)—be made in such manner as is agreed by the employer and the employee, or in the absence of such agreement, as soon as practicable on completion of that leave.

    (4)     Payment in lieu of long service leave shall be made—

        (a)     to the employee as soon as practicable after termination of his or her employment; or

        (b)     in the case of a deceased employee, to his or her legal personal representative as soon as practicable after the death of the employee but in any case not later than 12 months after his or her death.