The Industrial Magistrates Court has ordered chartered accountancy firm Hall Chadwick (WA) Pty Ltd to pay a former tax accountant $21,604.79 for unpaid long service leave entitlements plus $3,500 in interest.
The tax accountant had been employed by Hall Chadwick for more than 10 years but did not receive payment for accrued long service leave when she resigned in 2017.
Private Sector Labour Relations (PSLR) Executive Director Lorraine Field said that employers not paying long service leave entitlements when an employee resigns or is terminated is one of the major issues investigated by PSLR industrial inspectors.
“In recent years, industrial inspectors have resolved a large number of long service leave underpayments through conciliation or formal investigation and, where necessary, through taking enforcement action against employers as happened in this matter,” Ms Field said.
“Unfortunately, the number of long service leave underpayments shows that many Western Australian employers do not understand they have long service leave obligations that apply to full time, part time and casual employees.
“These obligations start from seven years of service, with pro rata long service leave needing to be paid out if the employee resigns, and in most cases where the employee is dismissed.
“The State Long Service Leave Act 1958 applies to most private sector employees in Western Australia, including many employees in the national industrial relations system.
“Employers should check their long service leave obligations every time a worker’s employment ends.”
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
