VIC Long Service Leave if terminating from overseas

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29 December 2017
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Hi,

Between 2007 and 2016, I worked for a multinational in Melbourne, Victoria.

In 2016, I was transferred to the UK business where they don't long service leave.

When I left the Australian business I was not paid out my LSL

I am now considering leaving my current role to look for other opportunities, but I am concerned I will loose my 9 years Long Service Leave accrued during my 9 years in Australia.

Does anyone know whether I will loose my LSL, if I leave the business, or whether I can get my LSL paid out?
 

Rod

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27 May 2014
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If you leave your employment, LSL becomes payable.
 

Tim W

Lawyer
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28 April 2014
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Sydney
You sometimes see this happen with labour-hire airline cabin crews,
and more generally, with companies that phoenix.

In such cases, the employer's HR will try to tell the worker something
in the ball park of

"Your LSL has 'lapsed', because, although you changed employing entities
it's still the same business".


That's not how it works.

Going only by what you've said here, missing facts missing,
and with unstated ifs, buts, maybes, and exceptions not allowed for,
I'd be thinking that your LSL was paybable at the point where (on paper, if not in fact)
you left the Australian employer.

And while you're in this space, I'd also be checking that your Australian employer was actually paying your super.