Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The compulsory
termination of the service of a contributor or of a qualified contributor for
the reason that his service or position is not necessary, or for the reason
that the work for which he was engaged is finished, or for the reason that the
quantity of work has diminished and has rendered necessary a reduction in the
number of employees —
(a)
shall be deemed to be “retrenchment” if the contributor or
qualified contributor has been in the Service for not less than 10 years;
and
(b)
shall be deemed to be “discharge” if the contributor or qualified
contributor has been in the Service for less than 10 years.
(2) The compulsory
termination of the service of a contributor who is a term appointee for the
reason that the term of his appointment has expired and a further term is not
available to him —
(a)
shall be deemed to be “retrenchment” if —
(i)
the contributor has been in the Service for not less than
10 years; and
(ii)
the contributor would not have been eligible for a
pension under this Act if at the time of compulsory termination of his service
he had terminated his service voluntarily; and
(iii)
the Board is satisfied that the contributor is ready and
willing to accept a further term of appointment to his office;
and
(b) in
any other case shall be deemed to be “discharge”.
[Section 54 8 amended by No. 23 of 1982
s.4.]