Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 159

Reverse onus of proof in certain cases

159. Reverse onus of proof in certain cases



(1) In a prosecution against an employer for failing to pay an employee an
amount owed to the employee under an employment agreement if-

   (a)  the employee is dead; and

   (b)  the employer alleges that the period shown in the charge as being the
        period of continuous employment of the employee with the employer is
        wrong-

the employer bears the onus of proving the allegation.

(2) In this section, employment agreement does not include-

   (a)  a federal agreement; or

   (b)  any terms and conditions of employment to which an employee is
        entitled under-

   (i)  a federal award; or

   (ii) a federal determination.