In a recent decision by the Court of Appeal in New South Wales, the understanding of how the Long Service Leave Act 1955 (NSW) applies to employees who have moved between states or countries during their continuous service has undergone a significant shift.
Previously, it was understood that an employee’s long service leave entitlement would only accrue for the time they were physically working in the state of New South Wales. However, the Court of Appeal has overturned this understanding and ruled that an employee’s long service leave entitlement will now accrue for the entire period of their continuous service, regardless of whether they have moved between states or countries during that time.
This ruling has significant implications for both employers and employees in New South Wales. Employers will now need to take into account an employee’s entire period of continuous service, regardless of where they have worked, when calculating their long service leave entitlement. This may result in an increase in the amount of long service leave that employees are entitled to, and could also result in additional administrative burdens for employers.
For employees, this ruling means that they will now be able to accrue long service leave for the entire period of their continuous service, rather than just for the time they were physically working in New South Wales. This will provide greater flexibility for employees who move between states or countries, and will ensure that they are not disadvantaged when it comes to their long service leave entitlements.
Overall, this decision by the Court of Appeal represents a significant shift in the way that long service leave is applied in New South Wales, and will have far-reaching implications for both employers and employees in the state. It is important for both employers and employees to be aware of this change and to understand how it will affect them.