Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 75

Settlement of disputes concerning leave

75. Settlement of disputes concerning leave



(1) The Industrial Division of the Magistrates' Court has jurisdiction to hear
any dispute as to-

   (a)  whether or when an employee or an employee's personal representative
        is or has become entitled to long service leave or a payment in lieu
        of long service leave; or

   (b)  the rate of ordinary pay of an employee for the purposes of this
        Division; or



   (c)  a refusal by an employer to grant a request made by an employee under
        section 71A(1).



(2) An employee or a personal representative of an employee may apply to the
Industrial Division of the Magistrates' Court for an order directing an
employer to pay to the employee or the representative any amount that has
become due to the employee or the representative under this Division within
the 5 years immediately before the day on which the application is made.

(3) The Court may make such an order and may award costs to any party to the
application and assess the amount of those costs.



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