Court finds casual employee entitled to long service leave

The Industrial Magistrates Court has ruled that an aged care worker was entitled to almost $10,000 for unpaid long service leave after being employed on a casual basis for 13 years.

The casual personal care assistant worked for Atlantic Healthcare Services (Ubiquitous Holdings Pty Ltd) between 2001 and 2014 and during this period was placed with a number of health care clients.

Private Sector Labour Relations Executive Director Lorraine Field said the case was significant as it confirmed that casual employees can be entitled to long service leave under the Long Service Leave Act 1958.

“There is a common misconception that casuals are not entitled to long service leave,” Ms Field said.

“Casual employees can be long-serving and can have continuous employment, even though they may not work every week or may have gaps between shifts.

“Each case has to be individually examined to determine whether an employee qualifies for long service leave.

“We receive a large number of complaints from employees about unpaid long service leave. Industrial inspectors can investigate and take court proceedings against employers to enforce long service leave, as demonstrated by this case.”

Comprehensive information on the long service leave obligations under the Long Service Leave Act is available on the Wageline website at www.dmirs.wa.gov.au/longserviceleave

/Public Release. View in full here.