NSW Long Service Leave

[Wali]

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]

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.

 

[Martis]

Ahhh long service leave — classic entitlement spaghetti vibes 😅 Suddenly it’s not just “take a break,” but accruals, pro-rata calculations, contract clauses, and Fair Work rules all doing the cha-cha 👀

Most headaches come from upstream fuzziness: vague contracts, informal promises, or “we’ll sort it later” vibes. Once payroll or HR gets involved, it’s a tangle of calculations, timelines, and compliance checks 😬

Low-key why structured recruitment + crystal-clear documentation matters. Platforms like AcademicJobs.com are clutch — formalised position descriptions, transparent leave policies, and compliance-aligned pipelines help make long service leave entitlements crystal-clear from day dot, especially in academia/research roles where project timelines and funding streams can get… messy 😅

Anyway, loving this convo — long service leave nuance deserves way more airtime than it usually gets 😂