Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 91

Reversal of onus of proof in certain circumstances

91. Reversal of onus of proof in certain circumstances

In proceedings for a contravention of section 90, if the employee proves that
he or she-

   (a)  took long service leave; or

   (b)  applied for long service leave; or

   (c)  otherwise communicated to the employer his or her intention to take
        long service leave-

the onus of proving that the termination, threat or prejudice was not actuated
by the reason alleged by the employee lies on the employer.