QLD Long Service Payout at 7 years

[Tommytippy]

Hi

I'm looking to resign from my role. I will be with the company for 7 years from October. The reason I'm resigning is because I have been given unfair workloads seeing me work upto 70hours a week and excessive travel - it's impacting on family life. I believe this would then entitle me to a prorated payout of long service leave.

The query I have is that should I give my required 1 month notice in September and then remain working with the company until October am I still entitled to the long service leave pay? Does the consider the date I give notice or the last day of my employment in this calculation, because if it's the former I would therefore miss out on the long service leave pay.

The second part to the question is, if my employer decides to pay out my notice period in lieu of me working it, would I still be entitled to the long service leave pay.

You help would be much appreciated as I want to make sure I don't miss the payout but don't want to ensure the workload any longer than I need too.

 

[Rod]

Working 70+ hrs/wk is akin to slave labour. If a reference is not needed why not go back to contract hours (40hrs/wk) and wait for an unfair dismissal to come through?

The last day of work is the end of employment, not the day of giving notice.

 

[Matthew Lynch]

If you resign you may not be entitled to Long Service Leave.

After 10 years service, if you resign for any reason you are entitled to LSL.

However, if you resign at 7 years service, you will only get LSL if:

(b) the employee terminates the service because of:
(i) the employee's illness or incapacity; or
(ii) a domestic or other pressing necessity;

You might be able to argue your circumstances are a domestic or other pressing necessity, however the employer will likely argue that point with you.

There are other grounds where if your employment ends after 7 years but before 10 years you will get LSL such as if you are dismissed.

If you need further assistance please get in touch.