Long Service Leave Act 2018

If an employer is found to have contravened section 36, the Industrial Division of the Magistrates' Court may—

order the employer to pay the employee a specified sum by way of reimbursement for the remuneration lost by the employee; and

subject to subsection (2), order that the employee be reinstated in the employee's former position or a similar position.

If the adverse action constituting the contravention referred to in subsection (1) was the dismissal of the employee and the Industrial Division of the Magistrates' Court considers that it would be impracticable to reinstate the employee, the Court may order the employer to pay the employee an amount of compensation not exceeding the amount of remuneration of the employee during the 52 weeks immediately before the employee's dismissal.

An order under subsection (1)(a) or (2) is taken to be a judgment debt due by the employer to the employee and may be enforced in the Industrial Division of the Magistrates' Court accordingly.

The amount of remuneration that would have been payable to an employee in respect of any period that the employer fails to give effect to an order under subsection (1)(b) is recoverable as a debt due to the employee by the employer in any court of competent jurisdiction.

In this section—