Prohibition on other employment
28 Prohibition on other employment
Subject to subsection (3), a person who is receiving or who has received any long service leave payment under this Act shall not during the period that he has been given as long service leave engage in any employment for hire or reward.
Subject to subsection (3) a person shall not engage or employ for hire or reward any person registered as an employee during the long service leave period of that second‑mentioned person.
The Board may by notice in writing permit an employee who is on long service leave to be employed in the construction industry during that period subject to such terms and conditions (including the taking of the remainder of that leave) as the Board specifies in the notice.
A contravention of subsection (1) or (2) is not an offence but those subsections are civil penalty provisions for the purposes of the Industrial Relations Act 1979 section 83E.
For the purposes of subsections (1) and (2), a person is not engaged or employed in employment for hire or reward in respect of a day if the person is —
on workers compensation in respect of that day; and
absent from their employment on that day.
An employer who employs an employee who is permitted to be employed under subsection (3) is liable to pay the contributions under this Act in respect of any such employee.
Where an employee is employed by a person so as to contravene subsection (1) that contravention shall not be pleaded in bar to any claim for the recovery of any wages or other remuneration due by that person to the employee.
[Section 28 amended: No. 53 of 2011 s. 13; No. 12 of 2025 s. 7.]
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