VIC Worked Overseas with Australian Business - Entitled to Long Service Leave?

[TS2018]

Hi,

I have been employed in Victoria from 2010 to 2013. Then I transferred in 2013 to the Chinese subsidiary (100% owned by the Victorian business, same management) and worked there until now. During all that time, my employment contract has been with the Australian business. I just resigned and my employer tells me that because I reside overseas there is no entitlement for Long Service Leave payment. Is this legal?

Reading the LSL Act, I am pretty sure the above qualifies as Continuous Employment. Before going legal, I'd like some opinions.

Many thanks

 

[Rod]

With not a lot of detail, I suspect you are entitled to LSL.

If you need any help then see my email address at www.vichelp.com.au and email me your details so we can chat about what you can do.

 

[TS2018]

Thanks Rod,

Any other opinions out there?

I have read that overseas time does only count if it is the intention of the employer (such as plan for a future return to Australia, superannuation etc).

This does not seem in the spirit of the Act. Otherwise, large corporations could simply send people overseas at 6.5 years and never be bothered with LSL. Seems illogical

 

[Rod]

Have you received your last pay yet?

Have you received a letter saying they are not paying you LSL? or have you sent them a letter saying you want LSL?

Do you need a reference from your employer that may become problematic if you take them to court?