Western Australian Consolidated Acts

MINIMUM CONDITIONS OF EMPLOYMENT ACT 1993 - SECT 24

24 .         Annual leave payments, when to be made

        (1)         An employee is to be paid for a period of annual leave at the time payment is made in the normal course of the employment, unless the employee requests in writing that he or she be paid before the period of leave commences in which case the employee is to be so paid.

        (2)         If — 

            (a)         an employee lawfully leaves his or her employment; or

            (b)         an employee’s employment is terminated by the employer through no fault of the employee,

                before the employee has taken annual leave to which he or she is entitled, the employee is to be paid for all of that annual leave.

        (3)         If — 

            (a)         an employee leaves his or her employment; or

            (b)         that employment is terminated by the employer,

                in circumstances other than those referred to in subsection (2) before the employee has taken annual leave to which he or she is entitled, the employee is to be paid for any untaken leave that relates to a completed year of service, except that if the employee is dismissed for misconduct, the employee is not entitled to be paid for any untaken leave that relates to a year of service that was completed after the misconduct occurred.

        (4)         In this section — 

        year does not include any period of unpaid leave.

        [Section 24 amended by No. 3 of 1997 s. 39.]