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QLD Long Service Leave - Employer Asking for the Amount Back?

Discussion in 'Employment Law Forum' started by Amber D, 25 May 2016.

  1. Amber D

    Amber D Member

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    Hi,

    My husband left his previous employment well over a year ago. When he left his previous employer, he asked if he would receive any of his long service leave as he'd been with the company over nine years. At the time, he wasn't aware of the details of legislation on the matter, so asked the head of the pay department.

    His employer said yes they'd pay him his long service leave pro-rata. That was fine. We thought no more about it. Now more than a year later he received an email asking for the amount back.

    Where do we stand? Is this something they can do under employment law?

    It wasn't a pay error, it was volunteered and accepted in good faith. Can they just ask for it back? Do we engage a lawyer or do we just have to pay it back?

    All help will be greatly appreciated
     
  2. Rod

    Rod Well-Known Member

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    On what basis did your husband leave the employer (Sacked, voluntary, not fit for duty, etc)? The answer to this question may make it simple as he was employed for more than 7 years.

    Was there any kind of quid pro quo at the time of leaving? In other words, did your husband do/not do something in exchange for the long service leave?

    What award was he on at the time of leaving?
     
  3. Amber D

    Amber D Member

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    Thanks for your reply. He was there 9 years 1month and he resigned as he was offered a position elsewhere. My husband just received his holiday pay he was entitled to and they offered to pay his long service which they did.

    My husband didn't demand it or even expect it, they offered it. That's all, he received nothing else and we expected nothing else. I'm not sure about awards but he was on a yearly salary.
     
  4. Rod

    Rod Well-Known Member

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    Without knowing if he was covered by a state or federal award or enterprise bargaining agreement makes it hard to know how to help you.

    Without this information, I'd be writing back to the employer saying that super was part of his separation agreement at the time of leaving. It was offered by them, accepted by your husband, and payment made. Then wait to see what happens. This approach means you're trying to establish an agreement over and above whatever the award/EBA might say.
     

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