233Paid employment on leave prohibited

233 Paid employment on leave prohibited

(1)  An employee, without the consent of the council, must not while absent on long service leave –

(a) engage in any business or undertaking, whether as principal or agent; or

(b) engage in the private practice of any profession; or

(c) accept, or engage in, any paid employment.

(2)  If any employee contravenes subsection (1) , the council, by notice in writing may –

(a) direct the employee to return to duty, within the period specified in the notice; and

(b) require the employee, within the period specified in the notice, to refund such part of any salary or wages paid in advance under section 229 not exceeding the salary or wages for a period equivalent to the then unexpired portion of the long service leave as specified in the notice.

(3)  Any sum which is required to be refunded by any employee in accordance with subsection (2) is a debt due to the council.

(4)  If any employee is recalled to duty in pursuance of subsection (2) , the employee is taken to have forfeited all rights and privileges under section 227 up to the date upon which the employee returns to duty.

(5)  The provisions of this section do not prejudice or affect any punishment or penalty which may be imposed on any employee under any other enactment.