AustLII Tasmanian Consolidated Acts

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LONG SERVICE LEAVE (CASUAL WHARF EMPLOYEES) ACT 1982 - SECT 8

8. Taking of long service leave

      (1) Where an employee becomes entitled to a period of long service leave, the employer shall, on the application of the employee, determine the period during which that long service leave may be taken.

      (2) In making a determination under this section, the employer shall –

(a) have regard to the labour requirements of the port at which the applicant for the determination is normally employed; and

(b) endeavour to ensure that the determination authorizes the applicant to take the long service leave to which he is entitled as early as practicable after the application for the determination is made, or at such later date as the applicant may decide upon.

      (3) A determination under this section shall be made so as to authorize the long service leave to which the applicant for the determination is entitled to be taken in one complete period, or, where the applicant agrees, in 2 separate periods.

      (4) If the employer fails to comply with this section, it is guilty of an offence and is liable on summary conviction to a fine not exceeding 3 penalty units.



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