Inspector may direct employer to grant leave or pay amount due
12 Inspector may direct employer to grant leave or pay amount due
If it appears to an inspector that an employer has improperly refused to grant a worker long service leave or to make a payment in lieu of long service leave to which the worker is entitled under this Act, the inspector may, by notice in writing, direct the employer to grant the long service leave or to make the payment within a period (not being less than 14 days) stated in the notice.
An employer who receives a notice under subsection (1) may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the notice.
An application under subsection (2) must be made within 14 days of the receipt of the notice by the employer.
Pending the determination of an application for review, the operation of the notice to which the application relates is suspended.
If an employer—
fails to comply with a notice under subsection (1) (the employer not having made an application for review under subsection (2)); or
having made an application for review under subsection (2), fails to comply with a notice confirmed by SAET within a period specified by SAET, the employer is guilty of an offence.
Maximum penalty: $5 000.
It is a defence to a charge of an offence under subsection (6)(a) to prove that the worker is not entitled to the long service leave or the payment to which the notice relates.
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