Western Australian Consolidated Acts

MINES SAFETY AND INSPECTION ACT 1994 - SECT 74

74 .         Employees’ entitlements, continuation of

        (1)         An employee who refuses to work as mentioned in section 72(1) is entitled to receive the same pay and other benefits, if any, which that employee would have been entitled to receive if the employee had continued to do his or her usual work.

        (1a)         Subsection (1) does not apply if —

            (a)         the employee leaves the mine without the authorisation of the employer as required under section 72(2a); or

            (b)         the employee refuses to do reasonable alternative work that the employee is given under section 73.

        (2)         A dispute arising as to —

            (a)         whether a person is entitled to pay and other benefits; or

            (b)         what pay or benefits a person is entitled to receive,

                in accordance with subsection (1), may be referred by any party to the dispute to the Tribunal for determination.

        [Section 74 amended by No. 30 of 1995 s. 70; No. 68 of 2004 s. 84(1).]