Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 161

Court may order payment of arrears on conviction

161. Court may order payment of arrears on conviction



(1) If the Industrial Division of the Magistrates' Court finds an employer
guilty of an offence relating to the underpayment of an employee, the Court
may order the employer to pay the employee any amount that the employee was
underpaid and that is still owed to the employee, in addition to imposing a
penalty for the offence.



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(3) Subsections (5), (6) and (7) of section 160 apply to this section.

(4) An order under this section may be enforced as if it were an order made by
the Court in a civil proceeding. However, if any amount remains to be paid
after all reasonable means of civil enforcement have been tried, the order may
be enforced as if it were a fine imposed by the Court.

(5) Nothing in this section limits an employee's rights under section 160, and
nothing in that section limits the power of the Court under this section.

(6) In this section-

employee includes a former employee; employer includes a former employer.

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