Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The period of qualifying service of a person, in relation to long service leave, is a period (whether before or after, or partly before and partly after, the commencement of this Act) during which that person is or has been continuously employed as a casual wharf clerk or a casual wharf watchman.
(2) For the purposes of this section, employment shall be deemed to be continuous notwithstanding –
(a) the taking of any annual leave or long service leave;
(b) absence from work on account of illness or injury where the absence is certified as necessary by a legally-qualified medical practitioner;
(c) an interruption or ending of the employment by the employer where the interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;
(d) an interruption arising directly or indirectly from an industrial dispute, but only where the employee returns to work in accordance with the terms of settlement of the dispute;
(e) the dismissal or standing down of an employee where he is re-employed as a casual wharf clerk or a casual wharf watchman within a period not exceeding 2 months after the date of the dismissal or standing down;
(f) any other absence of the employee on account of an injury in respect of which he is entitled to workers' compensation;
(g) any absence from work of the employee for the purpose of –
(i) complying with a summons to appear as a juror;
(ii) appearing to give evidence before any court, body, or person before which persons may by law be required to appear to give evidence;
(iii) complying with any requirement, or exercising any right to appear before, such a court, body, or person, whether as a party to any proceedings or as a witness or otherwise; or
(iv) attending a meeting of a wages board established under the Industrial Relations Act 1975 as a member of such a board or otherwise exercising his functions as such a member; or
(h) any other absence of the employee from work by leave of the employer.
(3) In calculating the period of continuous employment of an employee –
(a) an interruption or absence of a kind referred to in subsection (2)(a), (b), (c), (f), or (g) shall be counted as part of the period of his employment; and
(b) an interruption or absence of a kind referred to in subsection (2)(d), (e), or (h) shall not be counted as part of the period of his employment.
(4) Where an employee serves for any period as a member of the naval, military, or air forces of the Commonwealth (otherwise than as a member of the permanent force) he shall, if after the expiration of that period of service he again becomes an employee, be deemed to have been an employee during that period of service.
(5) Where an employee, before the commencement of this Act, was employed at any port in this State as a waterside worker, the total period of such employment shall be deemed to be a period of employment as a casual wharf clerk or casual wharf watchman.