Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 28

28 .         Entitlements to continue

        (1)         An employee who refuses to work as mentioned in section 26(1) is entitled to the same pay and other benefits, if any, to which he or she would be entitled if the employee had continued to do his or her usual work.

        (1a)         Subsection (1) does not apply if — 

            (a)         the employee leaves the workplace without the authorisation of the employer as required under section 26(2a); or

            (b)         the employee refuses to do reasonable alternative work that the employee is given under section 27.

        (2)         A dispute arising as to — 

            (a)         whether a person is entitled to any pay or benefit; or

            (b)         the pay or benefit to which a person is entitled,

                in accordance with subsection (1), may be referred by any party to the dispute to the Tribunal for determination.

        [Section 28 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 21 and 47; No. 51 of 2004 s. 69(1), 84, 102(1) and (2).]