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LONG SERVICE LEAVE ACT 1976 - SECT 11A Pay in lieu of long service leave

LONG SERVICE LEAVE ACT 1976 - SECT 11A

Pay in lieu of long service leave

    (1)     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.

    (2)     Where—

        (a)     a person's employment ceases for any reason; and

        (b)     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)—

        (c)     to the person; or

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

    (3)     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.