VIC Leave loading entitlement

Discussion in 'Employment Law Forum' started by JacDarEm, 26 January 2020.

  1. JacDarEm

    JacDarEm Active Member

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    I started a new position at work six months ago and signed a new contract. I have just had two weeks annual leave and queried why I did not get leave loading. Found out my new pay rate includes leave loading so they say I am not entitled to it. Fair enough from the date of the contract any leave accrued will not have leave loading. But the Over two hundred hours I had before the date of the new contract should be paid with leave loading. Someone has told me that on the date of my new contract I should have been paid out my leave loading and then from the date of new contract no leave loading. Is this correct. I do not see why I should lose out on all those hours of leave loading. My new rate is lower than my old rate plus loading so I am missing out on a fair bit of money. Would like some advise before I take it further
     
  2. Rod

    Rod Lawyer
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    Hard to know without seeing the contracts that cover both your old and new job, or Enterprise agreement.

    The contracts mights say whether the applicable award changes.

    Leave loadings may be specified in the Award or EA.
     
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  3. JacDarEm

    JacDarEm Active Member

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    In my first contract I was entitled to leave loading, It’s s just my new contract that I am not as it is classed as Salary
     
  4. Rod

    Rod Lawyer
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    OK. So regardless of the contract, are you covered by an award, and if so which one?
     
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  5. JacDarEm

    JacDarEm Active Member

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  6. Rod

    Rod Lawyer
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    I haven't read each and every page, however cl 50.7 says loading applies. I'd need to read in detail to see if any exclusion apply, and whether the contract mentions pay includes an annual leave loading, but that is beyond the scope of what can be done online. I suspect not, but now may not be the time to create an issue.

    You could just leave the issue alone for 5.5 years and raise it then. Keep a safe copy of the EA you posted. Claims disappear after 6 years, so the most you can go back is 6 years. This avoids 'rocking the boat' now.
     
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