Apart from the Fair Work Act 1994 (SA), a number of other Acts deal with employment such as Acts dealing with particular occupations like teachers, police officers, public servants, etc. In addition employees are entitled to workers compensation (see accidents at work) and to superannuation entitlements, see: superannuation.
Under the Long Service Leave Act 1987 (SA) an employee is entitled, after ten years continuous service, to long service leave on full pay amounting to thirteen weeks [s 5]. A further 1.3 weeks is granted for each completed year after 10 years service. Special legislation applies to workers in the construction industry, see Construction Industry Long Service Leave Act 1987 (SA).
An employee who leaves his or her employment at any time after seven years continuous service is, in most circumstances, entitled to receive proportional payment of long service leave but employees dismissed without notice for serious misconduct may lose their pro-rata long service leave entitlements. With agreement from their employer, an employee who has worked for 10 or more years may ‘cash out’ either part or the whole of their accrued Long Service Leave.
Some employees may have their entitlements to long service leave regulated by a workplace agreement or award which is different to these statutory entitlements. As a general rule, provisions in a Federal award or workplace agreement will override a State law if there is inconsistency and an intention to exclude the State law. Employees that come under a Federal Award are entitled to 13 weeks leave after 15 years of service. These Federal Award employees are entitled to a pro rata payment if they leave work after 10 years continuous service.
To check your Long Service Leave entitlement see the calculator tool on SafeWork SA's website.
The Equal Opportunity Act 1984 (SA) prohibits discrimination in employment on the grounds of age, sex, sexuality marital status, pregnancy, race or physical and intellectual impairment. It also prohibits victimisation and sexual harassment, including sexual harassment of an employee by an employer or another employee. Complaints must be made to the Commissioner for Equal Opportunity within 12 months of the incident. If a complaint is not resolved by conciliation it goes before the South Australian Employment Tribunal, which has a wide range of powers.
The rights contained in the Equal Opportunity Act 1984 (SA) must also be considered alongside similar rights provided by federal anti-discrimination law:
The scope of federal legislation differs sometimes from that of the State law. The Commonwealth Acts are not intended to exclude or limit the operation of Equal Opportunity Act which is capable of operating concurrently with them, so complainants must choose whether to take proceedings under the State or the Commonwealth law, for they cannot take proceedings under both. See further the Law Handbook sections on discrimination.
Where a worker is dismissed in a discriminatory way they may also have to choose whether to exercise their rights under anti-discrimination legislation (Federal or State), or the provisions governing termination of employment in either the Fair Work Act 2009 (Cth) (for federal employees) or the Fair Work Act 1994 (SA) (for other employees).
See the Law Handbook section on Safety legislation.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.