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 …
MatchThe General Order's deeming provisions in clauses 2 and 3 extend the meaning of 'service' and deem certain absences and breaks not to interrupt continuity, but this deeming operates to define what constitutes continuous service within a defined sphere—here, the Public Sector.
In text … employment in Tasmania may have been continuous, in the sense that it did not break continuity of service under the Government Wages Employees Long Service Leave …
ClaimAward interpretation — principles · Public sector termination
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 …
RatioThe Full Bench held that a change in the registered name of a state organisation does not invalidate a s71(5) certificate previously issued, as no new organisation is created by mere name change. Further, the Full Bench has no power to amend a s71(5) certificate except in the...
In text … a reasonable expectation of continuing engagement by the employer on a regular and systematic basis. (c) Without limiting (1)(b), a casual employee is also “eligible …
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 …