WA Annual Leave - Can Employer Withhold?

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Ali.kharrazi

Member
24 February 2015
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I have been working in a shop for a whole year as a part time employee and I have around 180 annual leave entitled. I have moved to a new shop with same owner but my annual leave in my pay slip has been rested to zero. When I asked the employer to pay or fix my leave accrual he just simply refused to do so. I don't have a written signed contract and the only proof is the pay slip. What is the best action under employment law?
 

Rod

Lawyer
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27 May 2014
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Talk to the Fair Work Ombudsman in the first instance.
 

Ivy

Well-Known Member
10 February 2015
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Hi Ali,

I agree with Rod that you should talk to the Fair Work Ombudsman. My understanding is that you may not have the right to have your annual leave transferred to your new workplace. However you should be able to have your annual leave paid out to you: Payment for annual leave - Annual leave - Fair Work Ombudsman

I hope this helps.