Tasmanian Consolidated Acts

LONG SERVICE LEAVE (CASUAL WHARF EMPLOYEES) ACT 1982 - SECT 6

      (1) An employee is entitled to long service leave on ordinary pay as provided in this section.

      (2) The period of long service leave to which an employee is entitled is –

(a) in the case of an employee who has completed at least 15 years of any qualifying service –

(i) 13 weeks' long service leave in respect of the first 15 years of the qualifying service;

(ii) 8 and two-thirds weeks' long service leave in respect of each additional 10 years of the qualifying service; and

(iii) on the termination of his employment, such an additional period of long service leave in respect of the number of years of his qualifying service since the last accrual of entitlement to long service leave as bears the same proportion to 13 weeks as that number of years bears to 15 years; or

(b) in the case of an employee who has not completed 15 years of any qualifying service but has completed at least 7 years of any qualifying service and whose employment is terminated –

(i) by an employer for any reason other than serious and wilful misconduct; or

(ii) by the employee, on the employee attaining the age for retirement or on account of illness, incapacity, or domestic or other pressing necessity –

such period of long service leave as bears the same proportion to 13 weeks as the total period of the employee's qualifying service bears to 15 years.

      (2A) For the purposes of subsection (2)(b), an employee who terminates his employment on or after becoming eligible for a service pension under section 84 of the Repatriation Act 1920 of the Commonwealth shall be deemed to have attained the age for retirement.

      (3) In the case of an employee whose qualifying service began before 17th December 1964 and entitles him to long service leave under this section, the period of long service leave to which that employee is entitled is the total of the following periods:

(a) a period calculated on the basis of 13 weeks for 20 years' continuous employment before that date; and

(b) a period calculated on the basis of 13 weeks for 15 years' continuous employment on and after that date.

      (4) Any long service leave granted, or any payment in lieu of long service leave made, to an employee pursuant to the Long Service Leave Act 1956 in respect of his employment in a permanent capacity during any period before the commencement of this Act –

(a) shall be taken into account in determining the employee's entitlement to long service leave under this Act; and

(b) shall be deemed to have been leave taken, or payment received, under this Act.

      (5) The period of long service leave to which an employee is entitled in respect of any period of qualifying service occurring before the commencement of this Act is a period not exceeding 13 weeks.