Under s 5 of the Retirement Benefits Act 1982 (Tas), a certificate of likely continued employment could be issued where it appeared probable that the temporary employee would be continuously employed for three years; a guarantee or near certainty of employment was not required. A temporary employee who was never advised of the s 5 entitlement and who would have qualified for a certificate on a proper construction of the provision lost a 'right, privilege or benefit' within the meaning of reg 123 of the Retirement Benefits Regulations 2005 (Tas), notwithstanding that the right was contingent on the certificate being issued.
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