18Payments in lieu of long service leave for employees with less than 10 years service

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

Note: This section provides that, in certain circumstances, the Company must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 17.

(1) This section applies in relation to a person who was an employee of the Corporation immediately before the transfer day, if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years. (2) This section does not apply in relation to an employee who dies while in the employment of the Company. Section 19 covers such employees. (3) Subject to subsection (6), if the employee stops being an employee of the Company on or after the day on which his or her combined service period reaches 10 years, the Company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 20(2). (4) Subject to subsection (6), if: (a) the employee stops being an employee of the Company, 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 Company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 20(2). (5) Subject to subsection (6), if: (a) the employee stops being an employee of the Company; and (b) the Company is satisfied that the employee left the Company 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 Company must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 20(2). (6) An employee may, by written notice given to the Company before the employee stops being an employee of the Company: (a) request the Company not to make a payment to the employee under this section; or (b) request the Company to make a payment under subsection (3), (4) or (5) of a stated amount that is less than the amount that would otherwise be payable under that subsection. (7) The Company must comply with a request made under subsection (6). (8) 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 be applicable 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 18 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996”.