MatchDisclosure of further information by respondents would enable conciliation to resolve an industrial matter concerning long service leave entitlements or assist in resolution thereof.
In text … Long Service Leave balances by the absence of records relating to breaks in employment of casual employees, as a result of the historical view that casual …
ClaimConciliation and arbitration powers · Long service leave (WA) via s44 referral of industrial matter (WA)
MatchAn employer is 'substantially engaged in the construction industry' where the majority of its work falls within the defined construction industry, including maintenance and repairs of works for extraction, refining, processing, or treatment of materials, such that the exclusion in s3(f) for 'routine or minor' maintenance does not apply.
In text … Industrial law (WA) – Review of a decision of the Construction Industry Long Service Leave Payments Board – Requirement to register as an employer under the Construction Industry …
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 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)