My question relates to Long Service Leave.
We have an employee who started working with us on 22 Jul 2004. Around the 17 Apr 2004 he ran into a problem with his partner which ended in a breakup. He came to us and said he wanted to cash out his holiday pay to get rid of his debts. We said that under our award ( Timber Industry)we were not allowed to cash out holiday pay. He then said he would resign and put it in writing giving us a weeks notice because he needed the money. We explained that if he resigned that he would lose all entitlements to Long Service Leave and he said that he understood but needed to get his hands on the money. He did resign and was paid out on the 24 Apr 2004. He stated that we might see him again for a job and we again stated that he would have lost all entitlements. He re-applied for a job the following Monday and filled in new tax declarations, job applications and completed a new induction.
He is now asking to take Long Service Leave saying that we should be using his original start date and not the date of re-employment because there has been no break in service?
Any help would be great.
We have an employee who started working with us on 22 Jul 2004. Around the 17 Apr 2004 he ran into a problem with his partner which ended in a breakup. He came to us and said he wanted to cash out his holiday pay to get rid of his debts. We said that under our award ( Timber Industry)we were not allowed to cash out holiday pay. He then said he would resign and put it in writing giving us a weeks notice because he needed the money. We explained that if he resigned that he would lose all entitlements to Long Service Leave and he said that he understood but needed to get his hands on the money. He did resign and was paid out on the 24 Apr 2004. He stated that we might see him again for a job and we again stated that he would have lost all entitlements. He re-applied for a job the following Monday and filled in new tax declarations, job applications and completed a new induction.
He is now asking to take Long Service Leave saying that we should be using his original start date and not the date of re-employment because there has been no break in service?
Any help would be great.