Document ID: chunk:federal_register_of_legislation:C2024C00635:section:39cb
Version: federal_register_of_legislation:C2024C00635
Segment Type: section
Provision Reference: s 39CB
Character Range: 55355–56477

39CB  Payment on cessation—redundancy
 (1) This section applies if:
 (a) an employee ceases to be an eligible employee because he or she is made redundant; and
 (b) at the time of so ceasing, the employee has completed a period, or periods, of qualifying service (being a period that is, or periods that add up to, at least 6 years) in respect of which the employee is not entitled to long service leave under this Part; and
 (c) at any time after so ceasing, the employee requests the employer, in writing, to make a payment under this section.
 (2) The employer must, within 30 days after the request is made, pay the employee no less than the amount that would have been payable to the employee under this Part had the employee:
 (a) been entitled to long service leave for the period, or periods, of qualifying service; and
 (b) taken that long service leave immediately before ceasing to be an eligible employee;
less any amount previously paid to the employee under this section.
Civil penalty: 60 penalty units.
Note: Division 4 of this Part provides other remedies for contraventions of civil penalty provisions.