Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 160

Recovery of money owed

160. Recovery of money owed



(1) An employee who is owed any money by an employer under this Act or any
other Act, or under any employment agreement or order made under this Act or
any other Act, may take proceedings in the Industrial Division of the
Magistrates' Court to recover the money owing. The debt must arise out of the
employment relationship.

(2) An organisation may, if requested to do so by an employee who is, or is
eligible to become, a member of the organisation, take proceedings in the
Industrial Division of the Magistrates' Court to recover money owed to the
employee for long service leave.

(3) Proceedings under this section must be started within 6 years after the
employee's entitlement to the money arises.





(4) Before proceedings may be started under this section, the employer must be
given a written demand for the money owed.

(5) If the Court is satisfied that the employer-

   (a)  had reasonable notice of the employee's claim; and

   (b)  had no reasonable grounds on which to dispute the claim; and





   (c)  in the circumstances should have paid the claim without the need for
        proceedings being taken to establish the validity of the claim-

the Court may order the employer to pay interest to the employee on top of any
other amount that the employee is entitled to.

(6) The interest must not be greater than the rate fixed under section 2 of
the Penalty Interest Rates Act 1983 that applies at the time the Court makes
the order.

(7) If a claim is made under this section by an employee's personal
representative, subsections (5) and (6) apply despite anything to the contrary
in section 29 of the Administration and Probate Act 1958.

(8) In this section-

employee includes a former employee; employer includes a former employer;
employment agreement does not include-

   (a)  a federal agreement; or

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

   (i)  a federal award; or

   (ii) a federal determination; organisation has the same meaning as in the
        Commonwealth Fair Work Act.