Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 927

927 Avoiding Act’s obligations

(1) An employer, with intent to avoid an obligation under this Act to pay an employee for a public holiday or leave, must not—

(a) dismiss the employee; or

(b) if the employee’s entitlement to long service leave is worked out under section 103 —interrupt the employee’s continuity of service.

Penalty—

Maximum penalty—40 penalty units.

(2) If the Industrial Magistrates Court finds an employer has contravened subsection (1) in relation to long service leave, it must order the defendant to pay the dismissed employee a proportionate amount of long service leave on the basis of 8.6667 weeks leave for 10 years service.

(3) The order is in addition to any order it may make imposing a penalty.

(4) In this section—

"dismiss" includes stand down.

"leave" means annual, sick, family or long service leave.

"obligation" under this Act includes an obligation under an industrial instrument.