South Australian Consolidated Acts South Australian Consolidated Acts12—Inspector may direct employer to grant leave or pay amount due
(1) If it appears to
an inspector that an employer has improperly refused to grant a worker long
service leave or to make a payment in lieu of long service leave to which the
worker is entitled under this Act, the inspector may, by notice in writing,
direct the employer to grant the long service leave or to make the payment
within a period (not being less than 14 days) stated in the notice.
(2) An employer who
receives a notice under subsection (1) may apply to
the Industrial Relations Court for a review of the notice.
(3) An application
under subsection (2) must be made within 14 days of the receipt of the
notice by the employer.
(4) Pending the
determination of an application for review, the operation of the notice to
which the application relates is suspended.
(5)
The Industrial Relations Court may, on an application for review—
(a)
confirm the notice to which the review relates; or
(b)
confirm the notice with such modifications as it thinks fit; or
(c)
cancel the notice.
(6) If an
employer—
(a)
fails to comply with a notice under subsection (1) (the employer not
having made an application for review under subsection (2)); or
(b)
having made an application for review under subsection (2), fails to
comply with a notice confirmed by the Industrial Relations Court within a
period specified by the Court,
the employer is guilty of an offence.
Penalty: $5 000.
(7) It is a defence to
a charge of an offence under subsection (6)(a) to prove that the worker
is not entitled to the long service leave or the payment to which the notice
relates.