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WA Am I Entitled to Long Service Leave?

Discussion in 'Employment Law Forum' started by ardvark, 2 August 2016.

  1. ardvark

    ardvark Member

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    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
     
  2. Matthew Lynch

    Matthew Lynch Lawyer

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    Does your boss' current business offer the same goods or services to the same customers as the previous business or is it completely different?
     
  3. Sophea

    Sophea Well-Known Member

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    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
     
  4. ardvark

    ardvark Member

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    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.
     
  5. ardvark

    ardvark Member

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    Hello Mathew, the businesses are totally different with different customers.
     
  6. Serge Gorval

    Serge Gorval Well-Known Member

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    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.
     

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