MatchThe meaning of 'continuous service' in the Long Service Leave General Order is not defined in the abstract but is ascribed in the context of continuous or unbroken service by reference to the term 'Public Authority', with deeming provisions being a significant and integral feature of that meaning.
In text … continuous service' includes service in
the employment
of the Commonwealth or of another State in accordance with clauses 2, 3 and
16 of the Long Service …
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 …
MatchThe purpose of long service leave is to reward long service and provide paid leave as respite; limiting 'continuous service' based on when an entitlement appeared in an industrial instrument contradicts this fundamental purpose.
In text … In this case, casual employees may lose something in the difference between ‘continuous employment’ and ‘continuous service’, but they gain a more generous period of long …
MatchThe phrase 'continuous service' in casual long service leave clauses of the Education Assistants' (Government) General Agreement 2023 bears its ordinary common-sense meaning and is not limited to service accrued after agreement registration.
In text … long service leave on termination of employment in six qualifying circumstances, some of which require a minimum period of ‘continuous service’.
Casual long service leave was …
ClaimAward interpretation — principles · Long service leave (WA)
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
keyword matchleading authoritycited by appellate ×3
MatchA casual employee under this award is an employee who is engaged and paid as such, applying s7B of the Industrial Relations Act 1979 (WA), paid by the hour, and may only be employed for a period of less than one week.
In text … Termination of Casual Employment
(7)Casual employment may be terminated by either party with one hours’ notice.
Dismissal for Misconduct
(8)Nothing in this clause shall …
MatchAn employer must give an employee written notice of termination in accordance with statutory periods based on length of continuous service, with an additional week's notice for employees over 45 years of age with two or more years of continuous service.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …
RatioThe Commission granted the Department of Education's application to vary the Teachers (Public Sector Primary and Secondary Education) Award 1993 in accordance with the proposed schedule, effective from the beginning of the first pay period commencing on or after 29 June 2020....
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
RatioThe Commission, exercising its s40B power, varied the Farm Employees Award 1985 to remove obsolete provisions, align conditions with the Minimum Conditions of Employment Act 1993 (WA) and federal Fair Work Act 2009 (Cth), eliminate discriminatory language, and modernise the...
In text … employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause (2) of the Long Service Leave provisions …
[2012] WAIRC 431— The Australian Rail, Tram v Bus Industry Union Of Employees, West Australian Branch
WAIRC — Full BenchFor applicant
Justice Honourable, Acting President Kenner, Commissioner Mayman·2012-07-11·cited 1×·appellate 1×·
keyword match
RatioThe Full Bench authorised the Registrar to register alterations to the eligibility for membership rule of the Australian Rail, Tram and Bus Industry Union of Employees, WA Branch, converting the rule from reference to "Western Australian Government Railways Services" to the...
In text … years of continuous service shall be entitled to 13 weeks of long service leave on full pay. Employees may by agreement with their employer, clear any …
MatchA permanent or fixed-term contract employee is entitled to long service leave of 13 weeks on completion of 10 years' continuous service and any subsequent period of seven (7) years' continuous service. Part-time employees accrue at the same rate as full-time employees but are paid on a pro rata basis.
In text … their Employer, choose early access to their long service leave at the rate of:
6.5 days per completed twelve month periods of continuous service for …
MatchPaid parental leave entitlements comprise 14 weeks paid leave and 38 weeks unpaid leave for eligible employees, with eligibility requiring 12 months continuous service in the public sector, subject to exceptions for casual employees.
In text … service; and
(b) any subsequent period of seven (7) years' continuous service.
(2) A part-time employee or casual employee accrues an entitlement to long service …
MatchReinstatement is the primary remedy under the Industrial Relations Act 1979 (WA) where an employee has been found to have been unfairly terminated, and the onus is on the respondent employer to establish that reinstatement or re-employment is impracticable.
In text … pro-rata long service leave and orders that require the respondent to recognise Ms Vimpany’s continuity of employment would allow her to continue to build …
MatchCasual employment must be defined by reference to s 7B of the IR Act 1979 (WA), and a minimum engagement period may be specified.
In text … employer to another and the employee's service has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA) also constitutes continuous service …
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 …