Cottoneyes
19-04-2013, 11:05 AM
Hi,
Has anyone had any experience with any cases or decisions relating to employees with LSL that transfer between states at all.
For example, if an employees was based in Vic for 7.5 years, transferred to NSW for 1 year and was to resign, would they be entitled to the LSL. Under NSW legislation they would not be (in most cases), yet they had an entitlement under Vic law at the time they left.
Another example is an employee commences in Vic, and transfers to SA at a later date. Would their LSL after 10 years be based entirely on the SA accrual, or a combination to reflect the time served in each state?
Most companies I've worked for have taken different tacks on these cases and was wondering if there is any guidance or decision so I know which way is seen as the correct way.
Has anyone had any experience with any cases or decisions relating to employees with LSL that transfer between states at all.
For example, if an employees was based in Vic for 7.5 years, transferred to NSW for 1 year and was to resign, would they be entitled to the LSL. Under NSW legislation they would not be (in most cases), yet they had an entitlement under Vic law at the time they left.
Another example is an employee commences in Vic, and transfers to SA at a later date. Would their LSL after 10 years be based entirely on the SA accrual, or a combination to reflect the time served in each state?
Most companies I've worked for have taken different tacks on these cases and was wondering if there is any guidance or decision so I know which way is seen as the correct way.