WA Am I Entitled to Long Service Leave?

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ardvark

Member
2 August 2016
3
0
1
I worked for my current boss for two years and he then sold the business. I then transferred to his other business and have worked for him for a further six years.

Am I entitled to pro rata long service leave having worked longer than the seven years required or did it start from scratch with the new company?

There is nothing in writing about entitlements.

Thanks
 
S

Sophea

Guest
It depends on what sort of business it is and whether it falls under the state or federal industrial relations systems I think. Businesses that are sole traders, partnerships and unincorporated trust arrangements are under state whereas Pty Ltd businesses that are trading or financial corporations or incorporated associations and other non-profit bodies are the national system.

Under the state system: where someone buys a business they will need to make offers of employment to the employees and provide written terms and conditions of employment to them. They are required to recognise continuous service with seller for the purpose of long service leave entitlements. Check this out: Long service leave | Department of Commerce

However I believe under the national system new business owners don't have to honour long service leave. Employee entitlements on a transfer of business - When businesses change owners - Fair Work Ombudsman
 

ardvark

Member
2 August 2016
3
0
1
It depends on what sort of business it is and whether it falls under the state or federal industrial relations systems I think. Businesses that are sole traders, partnerships and unincorporated trust arrangements are under state whereas Pty Ltd businesses that are trading or financial corporations or incorporated associations and other non-profit bodies are the national system.

Under the state system: where someone buys a business they will need to make offers of employment to the employees and provide written terms and conditions of employment to them. They are required to recognise continuous service with seller for the purpose of long service leave entitlements. Check this out: Long service leave | Department of Commerce

However I believe under the national system new business owners don't have to honour long service leave. Employee entitlements on a transfer of business - When businesses change owners - Fair Work Ombudsman

Thanks Sophea for your reply.

I have spoken with both The Department of Commerce and the fair work Ombudsman and they both believe I am entitled to pro rata long service. However the situation with transferring from one company to another they would not comment on.

Both referred me to the Employment Law Centre who are uncontactable due to staff shortages.
The wording of the local act is up for interpretation one way or the other.

Once again thanks for your comments.
 

ardvark

Member
2 August 2016
3
0
1
Does your boss' current business offer the same goods or services to the same customers as the previous business or is it completely different?
Hello Mathew, the businesses are totally different with different customers.
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
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614
Sydney
lawtap.com
It depends on what sort of business it is and whether it falls under the state or federal industrial relations systems I think. Businesses that are sole traders, partnerships and unincorporated trust arrangements are under state whereas Pty Ltd businesses that are trading or financial corporations or incorporated associations and other non-profit bodies are the national system.

Under the state system: where someone buys a business they will need to make offers of employment to the employees and provide written terms and conditions of employment to them. They are required to recognise continuous service with seller for the purpose of long service leave entitlements. Check this out: Long service leave | Department of Commerce

However I believe under the national system new business owners don't have to honour long service leave. Employee entitlements on a transfer of business - When businesses change owners - Fair Work Ombudsman

Sophea, Long service is always under state legislation.

Provided that the business transmission falls within the definition under the state act and you didn't break continuity, your entitlement will be preserved.