Tasmanian Consolidated Acts

LONG SERVICE LEAVE (STATE EMPLOYEES) ACT 1994 - SECT 21

      (1) The Secretary is to investigate any dispute in relation to any matter arising under this Act including –

(a) an entitlement to long service leave or the payment of any allowance specified in section 20; or

(b) the refusal to grant all or part of a period of long service leave; or

(c) the commencement or termination date of continuous employment; or

(d) the length of employment; or

(e) .  .  .  .  .  .  .  .  

(f) an entitlement of a personal representative of an employee to any allowance specified in section 20; or

(g) the length of employment or continuous employment by the Commonwealth or another State or a Territory of the Commonwealth; or

(h) the salary to which an employee who is granted leave is entitled.

      (2) If a dispute is not resolved as a result of an investigation by the Secretary, the Secretary is to submit a report on the dispute to the President of the Commission.

      (3) On receipt of a report on a dispute submitted under subsection (2), the President is to arrange for a Commissioner to hear and determine the dispute.

      (4) After hearing a dispute, a Commissioner may make any of the following orders:

(a) that the prescribed authority grant the period of long service leave requested;

(b) that the prescribed authority pay a specified allowance referred to in section 20 instead of granting the period of long service leave requested;

(c) .  .  .  .  .  .  .  .  

(d) .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

(f) that a long service leave record be amended to state a specific commencement or termination date;

(g) that any specified period of leave of absence be included or excluded in calculating the length of employment;

(h) that a personal representative is entitled to an allowance specified in section 20;

(i) that any specified period of employment by the Commonwealth or another State or a Territory of the Commonwealth be treated as a period of continuous employment under this Act;

(j) that the entitlement to salary during a period of long service leave includes or excludes any specified allowance.

      (5) A Commissioner is to cause a copy of an order to be served on the Secretary and each party to the dispute.

      (6) If an appeal is made under section 22, an order does not take effect until the appeal is determined or abandoned.

      (7) A prescribed authority must comply with an order made under this section.