Long service leave disputes
Most disputes are about a pro rata entitlement. Some may be avoided by the employee providing full details of the reason for termination to the employer before they cease employment.
Disputes about long service leave may be referred by employers or employees to WorkSafe Tasmania. WorkSafe will investigate the dispute and attempt to resolve it with the parties.
If a dispute cannot be resolved, WorkSafe Tasmania will submit a report to the Tasmanian Industrial Commission (external link), which will hear and decide the matter.
Long service leave records
The Long Service Leave Act 1976 requires employers to keep long service leave records.
Keeping accurate records is in the best interests of employees and employers, and are especially important in the event of a dispute.
Long service leave records may be incorporated into any other employment record. The record for each employee must include:
- the employer’s name and address
- the employee’s name, address and position
- the date employment commenced
- details of any additional period of employment to be served, due to an absence or interruption that does not count towards continuous employment
- the end date of the qualifying period, after allowing for any additional period(s) required to be served
- details of leave taken, including start date, end date date, number of days taken, amount paid, and method of payment
- details of termination of employment, including date of termination, reason for termination, rate of ordinary pay at the date of termination.
Employers should be make sure that the records of a previous employer are transferred to them on the transmission of a business.