Joseph v Worthington & Anor

(2018) 272 A Crim R 292; [2018] VSCA 102

Victorian Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Criminal law statutes
3. › Summary offences
4. › Continuing offence versus complete offence
5. › Whether offence requiring payment 'on that day' creates continuing or complete offence
6. › Whether plain meaning of temporal specification displaces continuing offence characterisation
7. › Long Service Leave Act 1992 (Vic), s 72(2)
8. › Criminal Procedure Act 2009 (Vic), s 7(1)
1. Employment Law
2. › Long service leave
3. › Payment of entitlements on termination
4. › Offence of failing to pay
5. › Whether offence is continuing
6. › Long Service Leave Act 1992 (Vic), ss 72(1), 72(2)
1. Criminal Law
2. › Summary offences
3. › Limitation periods
4. › Continuing offences
5. › Whether charge filed more than 12 months after employment ended was within time
6. › Criminal Procedure Act 2009 (Vic), s 7(1)

Quick Take

The offence under s 72(2) of the Long Service Leave Act 1992 (Vic) of failing to pay long service leave on the day employment ends is a complete offence, not a continuing one, and is subject to the 12-month limitation period in s 7(1) of the Criminal Procedure Act 2009 (Vic). Prosecutions must be commenced within 12 months of the date employment ended. The civil obligation to pay remains enforceable under ss 75 and 160 of the LSLA with a 6-year limitation period.