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WA Employment Law - Entitlement to Long Service Leave?

Discussion in 'Employment Law Forum' started by Karl Wallace, 31 March 2016.

  1. Karl Wallace

    Karl Wallace Member

    31 March 2016
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    I have just completed 10 years 4 months in a restaurant as a full-time employee. In that time, the business has changed hands 3 times and name of establishment once. The last time business changed hands was 2 years 4 months ago.

    I have not signed any agreements other than my salary entitlements, the rest is under award conditions. I've read through the fair work, WA commerce and Long Service Leave ACT of 1958 and from what I can see, I am eligible for Long Service Leave.

    My questions are, could my leave have been null and void through sale contract between the business owners without my consent under Employment Law and is there any reason that I shouldn't be able to claim Long Service Leave?
  2. Hope this helps

    Hope this helps Well-Known Member

    26 March 2016
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    Long Serve Leave usually relates to being with a company or with a business for 10 or 20 years depending on the company or business. You may have worked at the residing establishment for 10 years but not with the same company, business owners or employers during the 10 years by the sound of things.

    Each time a new business owner or employer takes over the business you have had the opportunity to remain working at the establishment on a full-time basis. However, you were nevertheless a new employee to the employers or new owners of the business.

    Unless of course, both you and each of your new employers signed an agreement or contract stating to continue your contract from the previous business owner. Something that is rarely done or negotiated between business persons when it comes to employees.
  3. Sophea

    Sophea Guest

    Yes, sometimes it is a term of the business sale agreement that employee benefits get passed over to the new employer, however 2-3 business changes is hard to go back and trace what actually occurred and the terms of sale. Perhaps you could ask the most recent owners what your continuous service is with them and in future ask new owners whether they are recognising your accrued service etc.

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