Western Australian Consolidated Acts

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LONG SERVICE LEAVE ACT 1958 - SECT 11

11 .         Industrial magistrate’s courts

        (1)         An industrial magistrate’s court has jurisdiction to hear and determine all questions and disputes in relation to rights and liabilities under this Act, including without limiting the generality of the foregoing, questions and disputes — 

            (a)         as to whether a person is or is not an employee, or an employer, to whom this Act applies;

            (b)         whether and when and to what extent an employee is or has become entitled to long service leave, or payment in lieu of long service leave;

            (c)         as to the ordinary rate of pay of an employee;

            (d)         as to whether the employment of the employee was or was not ended by an employer in order to avoid or to attempt to avoid liability for long service leave; and

            (e)         with respect to a benefit in lieu of long service leave under an agreement made under section 5.

        (2)         Jurisdiction granted under subsection (1) is exclusive of any other court except where an appeal lies to that other court.

        [Section 11 inserted by No. 79 of 1995 s. 52.]



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