38Payments in lieu of long service leave for employees with less than 10 years service

38 Payments in lieu of long service leave for employees with less than 10 years service

(1) This section applies to a person: (a) who became a transferred employee on the transfer day; and (b) whose period of service for the purposes of the Long Service Leave Act immediately before the transfer day was less than 10 years. (2) This section does not apply in relation to an employee who dies. (3) If the employee stops being an employee of the industry services body on or after the day on which his or her combined service period reaches 10 years, the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2). (4) If: (a) the employee stops being an employee of the industry services body, on or after reaching the minimum retiring age, or because of retrenchment; and (b) at that time the employee’s combined service period is at least one year; the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2). (5) If: (a) the employee stops being an employee of the industry services body; and (b) the industry services body is satisfied that the employee left the industry services body’s employment because of ill‑health that justified his or her so leaving; and (c) when the employee left, his or her combined service period was at least one year; the industry services body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 40(2). (6) For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would apply to the employee under section 21 of the Long Service Leave Act if: (a) that section applied to the employee; and (b) for the expression “sections 16 and 17” in that section there were substituted the expression “section 38 of the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000”.