(1) This section defines the various kinds of employment entitlements of a person whose employment by an employer has ended, by reference to the person ' s entitlements under the governing instrument for the employment.
Note: Part 3 may affect the calculation of the person ' s employment entitlements for the purposes of working out the amount of an advance the person is eligible for.
(2) The person ' s annual leave entitlement is the amount the person is entitled to under the governing instrument from the employer for paid annual leave that the person:
(a) had accrued at the end of the employment; and
Long service leave entitlement
(3) The person ' s long service leave entitlement is the amount the person is entitled to under the governing instrument from the employer:
(a) for long service leave that the person had accrued at the end of the person ' s employment and had not taken by then; or
(b) on account of long service leave that, had the person ' s employment continued until the person qualified for long service leave, would have been attributable to the period before the actual end of the person ' s employment.
Payment in lieu of notice entitlement
(4) The person ' s payment in lieu of notice entitlement is the amount the person is entitled to under the governing instrument from the employer for a shortfall in the period of notice of termination of the employment.
(5) The person ' s redundancy pay entitlement is the amount of redundancy pay the person is entitled to under the governing instrument from the employer for termination of the employment.
(6) The person ' s wages entitlement is the amount of wages t he person is entitled to under the governing instrument from the employer for work done, or paid leave taken, in the wages entitlement period.
Entitlement unaffected by payment
(7) The person ' s receipt of some or all of an amount he or she was entitled to under the governing instrument does not affect what is the person ' s annual leave entitlement, long service leave entitlement, payment in lieu of notice entitlement, redundancy pay entitlement or wages entitlement under this section .
(a) under the governing instrument, the person accrued 8 weeks of annual leave that had not been taken by the end of the person ' s employment; and
(b) the employer paid the person for 3 of those weeks;
the person ' s annual leave entitlement is the entitlement to be
paid for 8 weeks annual leave.