South Australian Consolidated Acts

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CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987 - SECT 17

17—Cessation of employment

        (1)         Where, on application to the Board in a form approved by the Board, the Board is satisfied that—

            (a)         —

                  (i)         a construction worker has attained an effective service entitlement of 1 820 days or more (but less than 2 600 days); or

                  (ii)         a construction worker has attained an effective service entitlement of less than 1 820 days and has previously had an effective service entitlement of 2 600 days or more; or

                  (iii)         a construction worker has attained an effective service entitlement of 2 600 days but has not taken all of the long service leave to which he or she is entitled; and

            (b)         the construction worker has—

                  (i)         died; or

                  (iii)         ceased to work as a construction worker because of a physical or mental disability that will prevent him or her from working as a construction worker for a continuous period of 12 months or more; or

                  (iv)         ceased to work as a construction worker and will not be working as a construction worker for a continuous period of 12 months or more (from the time when he or she ceased to work as a construction worker),

the Board must pay to the person (or his or her personal representative) an amount calculated as follows:

1987.77.un02.jpg

where—

"A" is the amount payable

"OWP" is the person's ordinary weekly pay applicable under this Act as at—

        —         if the worker has died—the day of death;

        —         in any other case—the day on which the person ceased work as a construction worker

"D" is the effective service entitlement (expressed in days).

        (2)         If the Board rejects an application under subsection (1), the Board must give the applicant written notice of its decision (setting out a brief statement of the Board's reasons for making its decision).



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