TELSTRA CORPORATION ACT 1991 - SECT 9C Payments in lieu of long service leave for employees with less than 10 years service

TELSTRA CORPORATION ACT 1991 - SECT 9C

  (1)   This section provides that, in certain circumstances, a Telstra body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section   9B.

  (2)   This section applies in relation to a person who is an employee of Telstra immediately before the LSL changeover day if, at that time, the employee's period of service for the purposes of the Long Service Leave Act is less than 10 years.

  (3)   This section does not apply in relation to an employee who dies while in the employment of a Telstra body. Section   9D applies to such employees.

  (4)   Subject to subsection   (7), if the employee ceases to be an employee of a Telstra body on or after the day on which his or her combined service period reaches 10 years, the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection   9E(2).

  (5)   Subject to subsection   (7), if:

  (a)   the employee ceases to be an employee of a Telstra body, on or after reaching the minimum retiring age, or because of retrenchment; and

  (b)   the employee's combined service period at the time when he or she ceases to be an employee of the Telstra body is at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection   9E(2).

  (6)   Subject to subsection   (7), if:

  (a)   the employee ceases to be an employee of a Telstra body; and

  (b)   the Telstra body is satisfied that the employee left the Telstra body because of ill - health that justified his or her so leaving; and

  (c)   when the employee left, his or her combined service period was at least one year;

the Telstra body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection   9E(2).

  (7)   An employee may, by written notice given to a Telstra body before the employee ceases to be an employee of the Telstra body:

  (a)   request the Telstra body not to make a payment to the employee under this section; or

  (b)   request the Telstra body to make a payment under subsection   (4), (5) or (6) of a stated amount that is less than the amount that would otherwise be payable under that subsection.

  (8)   The Telstra body must comply with a request made under subsection   (7).

  (9)   For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section   21 of the Long Service Leave Act if:

  (a)   that section applied to the employee; and

  (b)   for the expression "sections   16 and 17" in that section there were substituted the expression "section   9C of the Telstra Corporation Act 1991 ".