Long service leave entitlement on resignation
Hi Everyone,
Just after some advice.
We are a small family business.
Recently one of our employees resigned giving 2 weeks notice. No problem. He believes that he is entitled to long service leave pro rata after being with us just under 7 years. He resigned to set up one our customers as our opposition. We don't have a problem with this.
He first tried to claim it was "pressing necessity" as stated in the act. He claimed he was unable to afford to buy a house on what we were paying him. He is a single man that lives with his mum and dad.
He gave up on that. We decided to ask him to leave in his notice period and we paid out his notice. (he gave us 2 weeks and he 3 days to go).
Two weeks after he left I received a letter from him that because we "terminated" him is his notice period he was entitled to the long service leave.
I have spoken to IR in NSW and they have said no entitlement. I have handed the matter to an employment lawyer and he said that there is no entitlement either and has sent him a letter asking him the reasons he thinks he's entitled.
Have any of you had this example come up? Do you think he is entitled?