South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, where—
(a) a
worker is not granted long service leave in accordance with this Act; or
(b) a
worker, or the personal representative of a deceased worker, does not receive
a payment to which he or she is entitled under this Act,
the Industrial Relations Court may, on application under this section, order
the employer (or former employer) of the worker to grant the leave or make the
payment.
(2) An application
under subsection (1) may be made by—
(a) the
worker; or
(b) if
the worker is dead—the worker's personal representative; or
(c) with
the consent of the worker—a registered association of which the worker
is a member; or
(d) if
the employer has been found guilty of failing to comply with the notice of an
inspector directing that leave be granted or a payment be made—the
complainant in those proceedings or a person appearing on behalf of the
complainant.
(3) If in proceedings
under this section it appears that the employer has not kept proper records
relating to long service leave as required by this Act and—
(a) the
period of the worker's service is in issue; or
(b) the
average number of hours worked per week by the worker over any period is in
issue,
the Court may, if it considers that in fairness to the worker it should do so,
rule that an allegation made by or on behalf of the worker as to the period of
the worker's service or the average number of hours worked per week over a
particular period will be accepted as proved in the absence of proof to the
contrary.
(4) An order cannot be
made under this section if the service of the worker was terminated more than
three years before the date of the application.
(5) The Industrial and
Employee Relations Act 1994 applies in relation to an application under
this section in the same way as to any monetary claim to
the Industrial Relations Court under that Act.