Victorian Consolidated Legislation

Long Service Leave Act 1992 - SECT 93

Reimbursement, reinstatement and compensation

93. Reimbursement, reinstatement and compensation



(1) If an employer is found to have contravened section 90, the court may-

   (a)  order the employer to pay the employee a specified sum by way of
        reimbursement for the remuneration lost by the employee; and

   (b)  subject to subsection (2), order that the employee be reinstated in
        his or her former position or a similar position.

(2) If the court considers that it would be impracticable to reinstate the
employee, the court may order the employer to pay the employee an amount of
compensation not exceeding the amount of remuneration of the employee during
the 12 months immediately before the employee's employment was terminated.

(3) An order under subsection (1)(a) or (2) must be taken to be a judgment
debt due by the employer to the employee and may be enforced in the court
accordingly.

(4) The amount of remuneration that would have been payable to an employee in
respect of any period that his or her employer fails to give effect to an
order under subsection (1)(b) is recoverable as a debt due to the employee by
the employer in any court of competent jurisdiction.

Pt 6 (ss 82-89)10 (see Note 10). Pt 7 (ss 90-97)11 (see Note 11). Pt 8 (ss
98-101)12 (see Note 12). Pt 9 (ss 102-114)13 (see Note 13). Pt 10 (ss
115-118)14 (see Note 14). Pt 11 (ss 119-134)15 (see Note 15). Pt 12 (ss
135-139)16 (see Note 16). Pt 13 (ss 140-145)17 (see Note 17). Pt 14 (ss
146-152)18 (see Note 18). __________________