Long Service leave not paid after 11 years of continous service

[Panther]

Duane Logan​

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I had been with this company for over 11 years. Started in 2011. Casual for 5 years then full time in 2016, resigned in 2022.
I had asked them at the 10 year mark for my LSL, they said I hadn't been full time long enough.
I looked it up, it says 10 years continous service no matter if you're casual, part time or full time. Unless i'm missing something.
Upon resigning I asked them again. and again they denied me. I went to Fair Work who sent me Long Service Leave claim forms.
I filled them out, sent them to the Office of Legislation (Queensland)
They investigated, they were given documents by the company saying that I had taken bits and pieces of my LSL over the years that I was working there.
I'm like WTF? I never applied for LSL ever! (I always thought you had to wait 10 years).
Is the company allowed to do that? (Also they said I wasn't full time long enough, so two different stories!)
In 2011 whenI started I signed a piece of paper stating what my duties were and annual leave advice. Nothing about LSL. When we went full time in 2016 we signed a much more detailed contract. That had a section for LSL. Office of Legislation are saying the documents they received look legit. I have all my payslips, nowhere does it say LSL payments were made. We did receive Christmas Bonuses every year and during my Casual employment they did pay us 2 weeks bonus when they shut down over Christmas. It says bonus on the payslip. Are they allowed to say the Bonuses are LSL?
It sounds dodgy to me and I don't think Legislation are going too hard at it and at the moment still waiting to hear back from them with the outcome.
Any advice would be much appreciated. Thank you for your time.

 

[Rod]

You are likely entitled to LSL.

Ask the Office of Legislation for the documentation the employer sent in. It will be useful if you have to go to court.

Ask the Office of Legislation in writing if they will obtain your LSL entitlements. Keep their response. You may need to go to court if the employer and the Office of Legislation do nothing.

If nothing happens, your first step would be to calculate how much you are owed, then send a demand letter to the employer.

We can assist if you want help with the demand letter, however you'd likely be better seeking a QLD lawyer who can take it to court if you go that far.

 

[Panther]

Thank you Rod for your reply. I have asked Legislation numerous times for the documents. They say they are to big to email, I said I will come in and get them. Didn't get a reply back from them. The case worker has always rung me to discuss events, Never emails. In my opinion Legislation (Qld) don't want to leave any evidence.

 

[Rod]

In my opinion Legislation (Qld) don't want to leave any evidence.

Yep, makes it easier for them to do nothing.

Be persistent. Maybe setup a dropbox folder to avoid their excuse of files being too large, or ask them to set one up.

Tell the case worker the matter needs to be formalised in writing, and you want the evidence provided by the employer to check its accuracy and veracity against your records.