Superannuation Act 1916 No 28
Current version for 10 May 2013 to date (accessed 25 May 2013 at 21:58)
23 Retrenchment and discharge
(1) For the purposes of this Act, a contributor shall be taken to be
retrenched when the contributor’s service with an employer is terminated
and where the service is expressed by the employer to be:(a) compulsorily terminated by the employer on the ground that:(i) the employer no longer requires the contributor’s services
and, on termination of the contributor’s service, does not propose to
fill the contributor’s position,
(ii) the work which the contributor was engaged to perform has been
completed, or
(iii) the amount of work that the employer requires to be performed has
diminished and, because of that fact, it has become necessary to reduce the
number of employees employed by the employer, or
(b) terminated as a result of the acceptance by the contributor of an
offer by the employer of terms of retrenchment made on a ground specified in
paragraph (a).
(2) For the purposes of this Act, a contributor shall be taken to be
discharged on the cessation of the contributor’s employment with an
employer expressed by the employer to be on the ground that the period, or
successive periods, for which the contributor was employed has or have
ended.