Long Service Leave Act 1976

For this section, the long service leave credit of a person is the amount of long service leave that has accrued to the person less the amount of long service leave granted to the person.

Where—

a person’s employment ceases for any reason; and

the person had a long service leave credit immediately before the employment ceased;

the employer shall pay the amount ascertained in accordance with subsection (3)—

to the person; or

if the person is dead—to the legal personal representative of the deceased person.

The amount payable is an amount that is equal to the amount of ordinary remuneration that, but for the cessation of employment, would have been payable by the employer under section 7 to the person for a period of service equal to the period of the person’s long service leave credit immediately before the cessation of employment.

An employer commits an offence if the employer—

is required to pay an amount under subsection (2); and

does not pay the amount within 90 days after the day the person’s employment ceases.

Maximum penalty: 50 penalty units.

An offence against this section is a strict liability offence.