Victorian Numbered Acts Victorian Numbered Acts(1) An employer must not take adverse action against an employee because the employee is entitled to long service leave or any other entitlement under this Act.
Penalty: In the case of a natural person,
12 penalty units for
each day during which the offence continues;
In the case of a body corporate,
60 penalty units for each day
during which the offence continues.
Note
Section 43 applies to an offence against this subsection.
(2) An employer must not take adverse action against an employee because the employee seeks to exercise the employee's entitlement to long service leave or to any other entitlement under this Act.
Penalty: In the case of a natural person,
12 penalty units for
each day during which the offence continues;
In the case of a body corporate,
60 penalty units for each day
during which the offence continues.
Note
Section 43 applies to an offence against this subsection.
(3) An employer must not take adverse action against an employee because the employee makes an enquiry as to the employee's entitlement to long service leave or any other entitlement under this Act.
Penalty: In the case of a natural person,
12 penalty units for
each day during which the offence continues;
In the case of a body corporate,
60 penalty units for each day
during which the offence continues.
Note
Section 43 applies to an offence against this subsection.
(4) An employer must not take adverse action against an employee because the employee applies to the Industrial Division of the Magistrates' Court for an order in relation to a direction to take long service leave under section 19(1), including the length of long service leave.
Penalty: In the case of a natural person,
12 penalty units for
each day during which the offence continues;
In the case of a body corporate,
60 penalty units for each day
during which the offence continues.
Note
Section 43 applies to an offence against this subsection.
(5) In a proceeding for an alleged contravention of subsection (1), (2), (3) or (4), the onus of proving that the adverse action by the employer was not actuated by any reason referred to in subsection (1), (2), (3) or (4), as the case may be, lies on the employer.
(6) For the purposes of this section, an employer takes adverse action against an employee if the employer—
(a) dismisses the employee; or
(b) injures the employee in the employee's employment; or
(c) alters the position of the employee to the employee's prejudice; or
(d) discriminates between the employee and other employees of the employer; or
(e) knowingly or recklessly makes a false representation about the employee's long service leave entitlements.