21Rate of salary in relation to pay in lieu of leave

21 Rate of salary in relation to pay in lieu of leave

(1) For the purposes of sections 16 and 17, where an employee ceases to be an employee: (a) the rate applicable to him or her in relation to his or her long service leave; (b) the rate applicable to him or her in relation to his or her long service leave related to his or her full‑time service; or (c) the rate applicable to him or her in relation to his or her long service leave related to his or her part‑time service; immediately before he or she ceases to be an employee is the rate at which full salary would be payable to him or her in respect of his or her employment on the day on which he or she ceases to be an employee (in this section referred to as the terminating day) if: (d) he or she were absent from duty on the terminating day in accordance with a period of long service leave, long service leave related to his or her full‑time service or long service leave related to his or her part‑time service, as the case requires, that had been granted to him or her on full salary to commence on the terminating day; and (e) on the day immediately before the terminating day he or she had completed the period of service that he or she completes on the terminating day. (2) Where an employee is not employed in the same capacity on the terminating day and on the day immediately before the terminating day, subsection (1) applies in relation to him or her as if he or she had been employed on the day immediately before the terminating day in the capacity in which he or she is employed on the terminating day.