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EMPLOYMENT (AMENDMENT) (NO. 2) BILL 1988
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(having qualified for the long service payments) resign because of ill H or old age, and also to make long service payments payable to dependants of employees who have qualified for the long service payments but who die in service.
2. Clause 2 adds the definitions of "issue" and "spouse" and extends the meaning of "relevant date".
3. Clause 4 enables employees who have qualified for long service payment and who resign on ground of ill health to terminate their contract of employment without notice or payment in lieu of notice.
4. Clause 6 substitutes a new section 31R, so that an employee who has served the qualifying years for long service payment will be entitled to such payment if he is dismissed without severance payment or resigns on the ground of ill health or old age.
5. By clause 6, new section 31RA is added to enable dependants of a deceased employee to receive a long service payment where such employee has served the qualifying years and dies in service.
6. Clause 8 adds a provision to provide that non-manual employees earning more than $11,500 per month when dismissed and who had been earning less than that amount within the year prior to dismissal should be entitled to the long service payment to prevent an employer from evading liability for long service payment by purposely raising the wages shortly before dismissal.
7.
Clause 10 adds a provision to provide that an employer shall first pay the long service payment to the dependant of a deceased employee and such long service payment shall be set off against any provident fund or gratuity payable.
9.
8. Clause 11 deletes references to the death of an employee in section 31ZC and clause 17 deletes the provision about the death of an employee in the Sixth Schedule as new provisions are set out in the new section 31RA.
Clause 14 adds a supplementary provision relating to Parts VA and VB to provide that where an employee retires and receives retirement benefits not less favourable than the long service payment, for the purposes of further entitlement to long service payment or severance payment, his employment before retirement will be regarded as having ended and further re-employment will be regarded separately.
10. Clause 15 empowers the Commissioner to specify the forms of application and certificate to be used. Clause 16 amends section 64 so that a prosecution under new section 31RA(6) also requires the consent of the Commissioner.
11.
Clauses 3, 5, 7, 9, 12, 13 and 17 are minor or consequential
amendments.
12. This Bill has no public finance or Public Service staffing implica-
tions.
No comments yet.
Private notes are available after approval.