NSW Long Service Leave

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Wali

Active Member
12 June 2021
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1
34
I have recently resigned from my job after being there for 5 and 1/2 years. I was suspended on full pay by the company while they were investigating claims of harassment and misconduct. After a month on suspension, I resigned because I felt that the investigation was just a way to get rid of me. I didn't want to want for a company anymore who embarrassed and humiliated me by escorting me off the premises.
The company accepted my resignation the very next day, which further proves that the intention of the investigation was to force me to resign.
Now my issue is that I haven't been paid for over 210 hours of long service leave. The company is saying you resigned voluntarily and therefore I don't meet the criteria.
Where do I stand?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
At face value, resignation in NSW means you lose entitlements to pro-rata LSL.

The only way I see around this issue is to claim constructive dismissal. Without looking at all the correspondence I have no idea if constructive dismissal is possible.