Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
disentitled employee means an employee who refuses to work for any
period —
(a) on
the grounds that to do so would involve a risk of injury or harm to the health
of any person; or
(b) on
the grounds that another employee refuses to work because to do so would
involve a risk of injury or harm to the health of any person,
but does not include a
person who has refused to work as mentioned in section 26(1) and who is
entitled to pay and other benefits under section 28(1).
(2) An employee who
accepts from his or her employer, in respect of any period during which that
employee is a disentitled employee, any pay or other benefits to which the
employee would have been entitled if he or she had continued to work commits
an offence.
(3) An employer that
pays or provides to an employee, in respect of any period during which the
employee is a disentitled employee, any pay or other benefits to which the
employee would have been entitled if the employee had continued to work
commits an offence.
(4) In
subsections (2) and (3) a reference to pay and other benefits does not
include a reference to any payment or benefit prescribed for the purposes of
this section.
(5) This section has
effect despite any provision of any other written law, including the
Industrial Relations Act 1979 , and any order, award or agreement made or
registered under that Act.
[Section 28A inserted by No. 30 of 1995
s. 22; amended by No. 51 of 2004 s. 103.]
[Heading inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 47.]
[Heading inserted by No. 51 of 2004
s. 39.]