Full legislation
s.31S
General exclusions from right to long service payment by reason of dismissal
(1)
An employee shall not be entitled to a long service payment by reason of dismissal where his employer, being so entitled by reason of the employee’s conduct, terminates his contract of employment without notice or payment in lieu in accordance with
section 9
.
(Amended
51 of 2000 s. 5
)
(2)
An employee shall not be entitled to a long service payment by reason of dismissal where, having been given notice of the termination of his contract of employment by his employer in accordance with
section 6
, he leaves the service of his employer before the expiration of that notice unless he so
leaves—
(a)
with the prior consent of the employer; or
(b)
after having made a payment in lieu to the employer in accordance with
section 7
.
(Replaced
75 of 1997 s. 3
)
(3)
Subject to subsection (6), an employee employed under a contract for a fixed term shall not be entitled to a long service payment where he is taken to be dismissed by his employer under
section 31T(1
)(
b)
if, not less than 7 days before the relevant date, the employer has offered to renew his contract of employment, or to
re-
engage him under a new contract, so
that—
(a)
the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would not differ from the corresponding provisions of the contract as in force immediately before his dismissal; and
(b)
the renewal or re-engagement would take effect on or before the relevant date,
and the employee has unreasonably refused that offer.
(Added
75 of 1997 s. 3
)
(4)
Subject to subsection (6), an employee employed under a contract for a fixed term shall not be entitled to a long service payment where he is taken to be dismissed by his employer under
section 31T(1
)(
b)
if, not less than 7 days before the relevant date, the employer has made to him an offer in writing to renew his contract of employment, or to
re-
engage him under a new contract, so that in accordance with the particulars specified in the offer the provisions of the contract as renewed, or of the new contract, as the case may be, as to the capacity and place in which he would be employed, and as to the other terms and conditions of his employment, would differ, wholly or in part, from the corresponding provisions of the contract as in force immediately before his dismissal,
but—
(a)
the offer constitutes an offer of suitable employment in relation to the employee;
(b)
the offer constitutes an offer of employment no less favourable to the employee than hitherto; and
(c)
the renewal or re-engagement would take effect on or before the relevant date,
and the employee has unreasonably refused that offer.
(Added
75 of 1997 s. 3
)
(5)
Where the relevant date falls on a rest day or holiday, the references in subsections
(3
)(
b)
and
(4
)(
c)
to the relevant date shall be construed as references to the next day after that rest day or holiday.
(Added
75 of 1997 s. 3
)
(6)
Without affecting the application of
section 31R(1
)(
a
)(
ii)
and
(b),
where an employee employed under a contract for a fixed term, on or before the day
on which the contract for a fixed term expires, refuses an offer of any of the
descriptions mentioned in subsection (3) or (4
)—
(Amended
4 of 2022 s. 7
)
(a)
the employee is entitled to terminate that contract under
section
31R(1
)(
a
)(
ii)
and
that expiration shall be regarded as termination of contract by the employee
under
section
31R(1
)(
a
)(
ii)
for the purposes of the application of this Part; or
(b)
the employee is entitled to terminate that contract under
section
31R(1
)(
b)
and
that expiration shall be regarded as termination of contract by the employee
under
section 31R(1
)(
b)
for the purposes of the application of this
Part.
(Added
75 of 1997 s. 3
. Amended
4 of 2022 s. 7
)