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NSW Is Employee Entitled to Long Service Leave?

Discussion in 'Employment Law Forum' started by sue erbag, 23 December 2015.

  1. sue erbag

    sue erbag Member

    23 December 2015
    Likes Received:

    My employee, who has been with us for 6 years, is asking if he is entitled to long service leave. He was seconded to a client of ours during the whole of the time he was employed through us (under our employ on full-time, permanent basis). The client has terminated our contract, we offered the employee the same role inside our own offices, he wanted one of two other roles, one which is not relevant to our company and one which we do not currently need or can create.

    We agreed mutually to terminate his employment. I sent him a letter of termination explaining this. I did not realise I should have asked for a resignation and with no experience in HR, worded my letter using the word redundancy.

    We work in the IT industry and are a small business of 10 staff including the directors.

    Many thanks for your help.
  2. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    Have a read of this:

    Note that the "secondment" is not a factor.
    If he was your employee (don't pretend to call him a " contractor"),
    then it doesn't matter where he physically sat to do the work you were paying him for.
  3. Serge Gorval

    Serge Gorval Well-Known Member

    2 November 2015
    Likes Received:
    Hi Sue

    Where are you up to with this ? is the matter resolved ?

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