Benchmark WA Industrial Relations Case Database

Try: concept:unfair-dismissal · [2024] WAIRC 1 · Cosentino · medical incapacity dismissal
Interpreted as: long_service_leave_wa× long_service_leave_fed× long service leave continuous employment casual WA
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29 results for "long service leave continuous employment casual" · page 1 of 2 · filtered to WA
[2020] WASCA 16 — BROWNE -v- DIRECTOR GENERAL, DEPARTMENT OF WATER AND ENVIRONMENTAL REGULATION
Leading WA Court of Appeal For applicant
Justice Miere· 2020-02-11· cited 7×· appellate 1×· source ↗
concept: long_service_leave_wa keyword match leading authority
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 textcontinuous 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
Claim Public sector termination · Genuine redundancy
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[2020] WAIRC 390 — Raymond Moate v I.P.C. Pty Ltd (ACN 061 746 996)
Leading Industrial Magistrates Court For applicant
Industrial Magistrate Flynn· 2020-07-02· cited 4×· source ↗
concept: long_service_leave_wa keyword match leading authority
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 …
Claim Annual leave · Personal/carer's leave
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[2023] WAIRC 666 — United Workers Union v Child and Adolescent Health Service and others
WAIRC — Single Commissioner For applicant
Senior Commissioner Cosentino· 2023-08-09· cited 3×· source ↗
concept: long_service_leave_wa keyword match
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
Claim Award interpretation — principles · Registered industrial agreement (WA)
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[2022] WAIRC 83 — United Workers Union (WA) v Department of Education, Department of Health of WA
WAIRC — Single Commissioner Resolved
Senior Commissioner Cosentino· 2022-02-24· cited 1×· source ↗
concept: long_service_leave_wa keyword match
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 textLong 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
Claim Conciliation and arbitration powers · Long service leave (WA) via s44 referral of industrial matter (WA)
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[2019] WAIRC 843 — Programmed Industrial Maintenance Pty Ltd ACN 133892350 v The Construction Industry Long Service Leave...
Leading WAIRC — Single Commissioner Resolved
Chief Commissioner Scott· 2019-12-06· cited 3×· appellate 2×· source ↗
concept: long_service_leave_wa keyword match leading authority
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 …
Claim Long service leave (WA)
Open ↗
[2019] WAIRC 104 — Sheryl Reardon v Gaetano Anthony Lagana (ABN 85 867 757 829) T/A Stratton Park Pharmacy
Industrial Magistrates Court Resolved
Industrial Magistrate Scaddan· 2019-02-28· cited 1×· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Award (WA state system) · Award interpretation — principles
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[2024] WAIRC 185 — Terence Tamiana v Team Global Express Pty Ltd ACN 084 157 666
Industrial Magistrates Court Against applicant
Industrial Magistrate Tsang· 2024-04-29· cited 1×· appellate 1×· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Long service leave (WA)
Open ↗
[2023] WAIRC 667 — United Workers Union v Director-General, Department of Education
WAIRC — Single Commissioner For applicant
Senior Commissioner Cosentino· 2023-08-09· source ↗
concept: long_service_leave_wa keyword match
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 textlong 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 …
Claim Award interpretation — principles · Long service leave (WA)
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[2024] WAIRC 466 — Anna-Maree Grace Ladyman v Sai Group of Businesses Pty Ltd T/as Premier Hotel
Industrial Magistrates Court For applicant
Industrial Magistrate Scaddan· 2024-07-12· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Long service leave (WA) · Transmission of business (Pt 2-8)
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[2020] WAIRC 250 — Safety v Ubiquitous Holdings Pty Ltd (ACN: 072 254 301)
Industrial Magistrates Court For applicant
Industrial Magistrate Flynn· 2020-05-06· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Long service leave (WA) · Employee v independent contractor
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[2005] WAIRC 01715 — Commission's Own Motion
Leading WAIRC — Single Commissioner For applicant
Senior Commissioner Cosentino· 2005-01-01· cited 10×· appellate 3×· source ↗
keyword match leading authority cited 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 …
Claim Award (WA state system) · Award variation
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2026 WAIRC 00016 — Esme Darlington-Thomas v Elgas Limited, ZR Resources Pty Ltd
Industrial Magistrates Court Against applicant
Industrial Magistrate Scaddan· 2026-01-16· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Long service leave (WA) · Joint employer / multi-entity employment via Interlocutory summary dismissal application
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[2013] WAIRC 254 — John Hewson v City Of Bunbury
WAIRC — Single Commissioner Against applicant
Justice Commissioner· 2013-04-29·
concept: long_service_leave_wa keyword match
MatchRegulation 8(1a) does not take into consideration any full-time work undertaken by a part-time or casual employee during the accrual period prior to the last 12 months of employment when determining the long service leave entitlement of that employee.
In textcasual employee during the accrual period prior to the last 12 months of his or her employment ceasing with an employer when determining the long service
Claim Long service leave (WA) · Award interpretation — principles
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[2025] WAIRC 00771 — Commissions Own Motion v (Not Applicable)
WAIRC — Single Commissioner For applicant
Senior Commissioner Cosentino· 2025-09-10· cited 1×· source ↗
keyword match
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 textemployer 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 …
Claim Award (WA state system) · Award variation
Open ↗
[2017] WAIRC 109 — Martin Fedec v The Minister for Corrective Services
Industrial Magistrates Court Against applicant
Industrial Magistrate Flynn· 2017-03-01· cited 1×· source ↗
concept: long_service_leave_wa keyword match
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 …
Claim Award interpretation — principles · Long service leave (WA)
Open ↗
2025 WAIRC 00364 — Phoolwuntee Devi Kullup v South Metropolitan Health Service
Industrial Magistrates Court Against applicant
Industrial Magistrate Cosentino· 2025-06-17· source ↗
concept: long_service_leave_wa keyword match
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 textcontinuous 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
Claim Long service leave (WA) · s29AA 'industrial instrument' carve-out — when threshold does not apply
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[2020] WAIRC 350 — Department of Education v State School Teachers&#039
WAIRC — Single Commissioner For applicant
Commissioner Matthews· 2020-06-24· source ↗
concept: long_service_leave_wa keyword match
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
Claim Award (WA state system) · Award variation
Open ↗
[2023] WAIRC 262 — Commission's Own Motion
WAIRC — Single Commissioner For applicant
Senior Commissioner Cosentino· 2023-05-08· cited 1×· appellate 1×· source ↗
keyword match
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 textemployer 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 …
Claim Award variation · Award (WA state system)
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[2023] WAIRC 991 — Arc Holdings (WA) Pty Ltd (ACN 076 523 487) v Industrial Inspector Chiara Catalucci
Industrial Magistrates Court Against applicant
Industrial Magistrate Tsang· 2023-12-22· cited 1×· source ↗
concept: long_service_leave_wa keyword match
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 textcontinuous 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
Claim Long service leave (WA)
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[2012] WAIRC 431 — The Australian Rail, Tram v Bus Industry Union Of Employees, West Australian Branch
WAIRC — Full Bench For 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 …
Claim Registered industrial agreement (WA)
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