long service leave!!!

[brockee]

hey all been workin for a company here in wa for near on 10 years an have just seized work after 2 week notice ive finished work as off monday the 23rd??? wats my intitlement should be geting eg eg!!!

[excalibur]

most places are 15 years for long service nowadays

so i say you'll get only whatever holidays are owing to you

[brockee]

hey mate ive been reading this page on google about it an it ses even if u workd 7 years u still get a pro rata payment an ive done near on 10 years so im assuming id get between 7to 8 weeks paid in a lump sum??? but have not receive anything yet wat do i do???call the boss

[Frank2112]

When I left my last job after 8 years I got all of my leave and my super paid to me pro rata. Ended up being a nice $9000 surprise.

[brockee]

hey i thought you could onlyget super when u retire!! but yea ive been there a long time longest time that any person at that workshop has done so will it just arrive by cheque or direct into your bank (lost)

[Rossbx]

You should be entitled to a prorata payment although I am not sure how much entitlement that would involve. A lot of it depends on the award you are on as well.
Is it the whole company that is closing the doors or have they just stood you down? You should have been paid out the day you left the job. If not, yes see the boss. If you do no good there then I would be going to the Union (if you are with one) as they will fight the case for you.

The company I worked for were notorious for putting full time employees back to casual rates just before their prorata for long service was due. At the time, you had to be a full time employee for the full ten years to be entitled to a long service leave entitlement. By putting them back to casual meant that they were not entitled to the long service due to the fact that they had not been employed as a full time employee for a full ten year term. Worst part of it was that there was not a great deal the employees could do about it

[Rossbx]

Sorry to inform you, but you will not be getting the superannuation payment... it will go into and be managed by your super fund...

[brockee]

hey got any more thoughts guy an girls?????????????????????

[minux]

LONG SERVICE LEAVE ACT 1958
8 . Long service leave

(1) An employee is entitled in accordance with, and subject to, the provisions of this Act, to long service leave on ordinary pay in respect of continuous employment with one and the same employer, or with a person who, being a transmittee, is deemed pursuant to section 6(4) to be one and the same employer.

(2) An employee who has completed at least 10 years of such continuous employment, as is referred to in subsection (1), is entitled to an amount of long service leave as follows —

(a) in respect of 10 years so completed, 8 2 / 3 weeks;

(b) in respect of each 5 years’ continuous employment so completed after such 10 years, 4 1 / 3 weeks; and

(c) on the termination of the employee’s employment —

(i) by his death;

(ii) in any circumstances otherwise than by his employer for serious misconduct,

in respect of the number of years of such continuous employment completed since the employee last became entitled under this Act to an amount of long service leave, a proportionate amount on the basis of 8 2 / 3 weeks for 10 years of such continuous employment.

(3) Where an employee has completed at least 7 years of such continuous employment since the commencement thereof, but less than 10 years, and the employment is terminated —

(a) by his death; or

(b) for any reason other than serious misconduct,

the amount of leave to which the employee is entitled shall be a proportionate amount on the basis of 8 2 / 3 weeks for 10 years of such continuous employment.

[Holdfast]

Things to consider if someone else is planning to take LSL and never going back to their same place of employment.

Probably better off taking LSL at the start of the FY. Tax?????

Good idea to do all your home work regarding leave entitlements, rec leave etc, many months before tossing in a job. (Just my 2 bobs worth).

Sometimes good to take LSL on half pay. Tax???? Depends on your new job.

Work out the best day to take your LSL Mon vs Fri.

Don't leave your job until you have another lined up.

[coolngroovy]

Make a phone call to the Union.
They will advise you, even if you aren't with them.
The law varies from state to state, & changes often.

[minux]

Make a phone call to the Union.
They will advise you, even if you aren't with them.
The law varies from state to state, & changes often.

Union = Good as tits on a bull.

I posted a link to the exact WESTERN AUSTRALIAN legislation. Cant get better than that

[MasterOfReality]

Read your contract, or if you are on an EBA, get a copy from the union and read it.

It will spell out very clearly what exactly you are entitled to, or will refer you to the appropriate company policy that deals with this.

Simple.

[brockee]

hey guys problems solve rang boss today ??? he never had to do it before (lsl)so his accountant is working it all out so the outcome is lookn very promising i will see it in a couple of days or weeks!!!!! cheers everyone that helpd me out