Elyse's Long Service Leave Win
Published on: Jun 19 2017
Elyse worked for a national department store as a casual for 6 years, working an average of 20 hours per week. When she returned to work from maternity leave, she was advised by her employer that there was only an average of 6 casual hours available. Elyse resigned due to ‘pressing or other domestic necessity’. An average of 6 hours was not enough for Elyse and her child to live on and she needed to look for employment elsewhere.
Elyse was advised by the Union to apply for Long Service Leave on a pro rata basis citing pressing necessity under s 4(2)(a)(iii) of the Long Service Leave Act. This was initially refused by HR via the Store Manager. However, when the matter was escalated by the Union to State HR, Elyse’s leave was approved and she received $3519.81.
Always remember that casuals are entitled to long service leave in NSW. The SDA fought for this right and secured it on behalf of all casual workers for the first time in NSW law in 1985.
Also remember that if you have more than 5 years continuous service but less than 10 years, you may be entitled to pro-rata long service leave, if you satisfy the minimum legal requirements.
Members are advised to contact the Union if considering leaving employment so we can advise you of your entitlements. Call us (02) 4961 4694 or email firstname.lastname@example.org.