NSW Long service pay out on termination

[Corinne]

Hi,

My friend has been working her casual retail job in NSW for over 10 years.

During the past couple of days, her employer has gone weird, booted her off their social media account and accused her of making mistakes she hasn't made.

If they terminate her employment at this stage, is she still entitled to her 10 year long service leave pay out?

I assume she falls under the general retail industry award and here it states the employer can get out of paying long service if the person is terminated on the grounds of wilful or serous misconduct.

Anyone had any experience with this?

Thanks

 

[Clancy]

I thought once 10 years is up, long service leave is yours, come hell or high water?
Why would you have a clause for not paying long service leave on the grounds of wilful or serious misconduct and create a huge incentive for employers with workers on that award to axe every worker on those grounds after 10 years??

Anyway, usually when an employer suddenly starts bullying an otherwise reliable long time employee, it is code for 'we want you to resign'- so they don't have to pay redundancy.

 

[Corinne]

Thanks for your response Clancy. It's strange because they had an agreement that she would resign in February anyway.

 

[Clancy]

I thought once 10 years is up, long service leave is yours, come hell or high water?
Why would you have a clause for not paying long service leave on the grounds of wilful or serious misconduct and create a huge incentive for employers with workers on that award to axe every worker on those grounds after 10 years??

Anyway, usually when an employer suddenly starts bullying an otherwise reliable long time employee, it is code for 'we want you to resign'- so they don't have to pay redundancy.

Well, an 'agreement' to resign would not be legally binding? because a resignation is by authority of the employee, so your friend would be within her rights to change her mind and not resign when the time came..... so, possibly they are just making sure she will 'not' change her mind?

If there is no reasonable chance of keeping the employer as a good reference for other jobs - my advice would be to refuse to resign and ask for a redundancy instead. Also keep strict records of the bullying and intimidation for possible use as evidence later on in unfair dismissal and or bullying case.

Employers need to learn the employment system is not in favor of them doing the wrong things just to save a quick buck at the expense of employees, and if employees decide to stand their ground with lawyers at their side, beware bad employers!