In text … The characteristic that distinguishes casual employment is the absence of a ‘firm advance commitment from the employer to continuing and indefinite work according to an agreed …
MatchFor an employee to have engaged in 'serious misconduct' for the purposes of the Long Service Leave Act 1958 (WA) s8(2)(c)(ii), the misconduct must be of sufficient gravity such as to justify termination of the employment relationship in the context of beneficial legislation, and must be capable of denying the employee an entitlement to a statutory...
In text … has completed continuous employment with the employer is entitled to a period of four-weeks annual leave with payment of ordinary ages;
a casual worker may …
ClaimAward (WA state system) · Award interpretation — principles
RatioThe claimant's long service leave entitlement claim fails because he cannot meet the statutory requirement of 'continuous employment with one and the same employer' under s8 of the Long Service Leave Act 1958 (WA). The Full Bench in Baker Hughes established that 'one and the...
In text … of ‘continuous employment with one and the same employer’ to qualify for pro-rata long service leave under s 8 of the Long Service Leave Act …
MatchA casual employee's normal weekly number of hours for the purposes of calculating long service leave entitlement shall be deemed to be the average weekly number of hours worked during the period of employment, calculated by reference to ascertainable hours if the actual hours worked over that period are not wholly known (s4(2)(c) Long Service Leave Act...
In text … However, the crucial requirement is whether the casual employee was continuously employed by the employer for the requisite period to qualify for long service leave.
¶73 …
ClaimLong service leave (WA) · Transmission of business (Pt 2-8)
MatchA casual employment relationship arising from a single casual contract made at commencement of employment, on terms including working on days and times when requested and with a possibility of no work between assignments, constitutes continuous employment for long service leave purposes so long as the employee remains available for work under the contract.
In text … Industrial Law (WA) – Long Service Leave Act 1958 (WA) – Whether casual employee entitled to long service leave – Meaning of ‘employee’ – Meaning of ‘continuous employment’ – Meaning of …
ClaimLong service leave (WA) · Employee v independent contractor
MatchThe amendment to s6(6) of the Long Service Leave Act recognising continuous employment for casual employees employed under multiple contracts or with other concurrent employment does not alter the fundamental requirement that the liability for long service leave entitlements rests with a single employer.
In text … The clarification of continuous employment for casual or seasonal employees, particularly s 6(6) of the Act, recognises the nuances of casual employment, namely casual employees …
ClaimLong service leave (WA) · Joint employer / multi-entity employment via Interlocutory summary dismissal application
MatchThe phrase 'employment has been ended by his/her Employer' in the context of pro-rata long service leave requires assessment of the causal connection between the end of employment and the conduct of the respondent; a 'but for' test is inadequate and the appropriate causal connection must be determined by examining the text and context of the relevant provision.
In text … years continuous service.
(b) after each further period of seven (7) years continuous service.
…
(11) Pro Rata Long Service Leave
(a) If the employment of an …
ClaimAward interpretation — principles · Long service leave (WA)
MatchLong service leave entitlements under the Long Service Leave Act 1958 (WA) are not universal minimum conditions that extend to and bind all employees and employers, unlike the Minimum Conditions of Employment Act 1993 (WA). The Long Service Leave Act applies only to 'certain' employees as indicated in its long title, and s 4A is the sole provision which...
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
clarify existing provisions relating to the cashing out of long service leave …
ClaimLong service leave (WA) · s29AA 'industrial instrument' carve-out — when threshold does not apply
MatchAn apprentice is expressly included in the definition of 'employee' under s 4(1) of the Long Service Leave Act 1958 (WA), and therefore a period of apprenticeship must be construed as part of an employee's 'continuous employment' for the purposes of s 8(1).
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
b) clarify existing provisions relating to the cashing out of long service …
RatioThe Full Bench upheld the narrow construction of s5 of the Long Service Leave Act 1958 (WA) to apply only to accrued entitlements, not future contingent entitlements. Section 5 does not permit an employer and employee to agree in advance that the employee will forego future...
In text … continuous employment. This includes specific provisions relating to casual and seasonal employees, and apprentices;
> b) clarify existing provisions relating to the cashing out of long service …
ClaimAward interpretation — principles · Long service leave (WA)
MatchSection 18 of the Minimum Conditions of Employment Act 1993 (WA) is directed to payment of paid leave while an employee is employed and taking leave, not to determining the rate of pay for cashing out leave entitlements upon cessation of employment. The section applies where leave is taken, not where it is cashed out.
In text … continuous service in a temporary capacity;
shall be entitled to 13 weeks of long service leave on full pay.
Employees may by agreement with their employer …
ClaimAward/agreement enforcement · Long service leave (WA) via Jurisdictional objection
MatchUnder the LSL Act, an allegation of gross misconduct made after an employee's resignation notice is given, without specification of grounds, without notice to the employee, and 16 days after resignation, is inconsistent with genuine serious misconduct and does not vitiate the employer's statutory obligation to pay long service leave on termination.
In text … An entitlement to long service leave arises upon the completion of at least 10 years of continuous employment whereupon an employee is entitled to eight and …