I have worked in the company from 25 March 1997, approximately 2 years ago, I have entered a verbal arrangement to work 4 days per week.I have endured work place bullying for more than two years and having been diagnosed with depression, I have stopped working On the 5th of December 2011.I have logged a WorkCare claim, it has been rejected, I had a conciliation meeting and was offered a once of payment.Apparently, I am still employed by the company.Since it is clear that I will not be able to return to hostile environment at my work place, I would like to terminate my employment. Should I just write a resignation letter?I have used up my 10 years long service leave, but not 15 years.I need to know if I resight what are my entitlements.Thank you for your help,Irene
So a one off payment was offered to you? Did you accept this?Also, I don't know how you used up 10 years of your long service leave because is it is only supposed to be paid out upon termination of employment. So can you please clarify that?
Yes, I have accepted a once of payment at the conciliation meeting.
I have used up 10 long service leave allowance when 10 years passed, I have taken a leave.
But, I understand that upon 15 years I am entitled to another (not sure how much)
15 years rolled over while I was away on a leave, so I am wondering if I resign, am I entitled to it?
Or anything else?
Well, if you have been there 15 years, then you would be entitled to the outstanding 5 years if you resign. But ordinarily long service leave is only paid out that the end of a person's employment. So your situation is a little unusual in that respect.
Thank you Alex,
Does 15 years apply if I was on leave for last few month?
Can they claim that because we were in dispute, I did not work for 15 consecutive years and therefore, not entitled?
Do I have any other entitlements?
Do I need to resign?
What are my options?
1. Yes, it still would.2. Unless you ceased employment with them, and then later started a new job with them, you should be entitled to the 15 years. If the period in dispute meant you weren't working for 3 or 4 months, then you have an argument that it was nevertheless continuous.If you were gone longer than that, then they have an argument that you left and came back into a new job and role.3. You are also entitled to any accrued annual leave.4. No, you don't have to. But if you do, because it is such a hostile workplace, you should immediately contact Fair Work Australia to see if they let you lodge an unfair dismissal claim based on constructive dismissal.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
thank you Alex,
Glad I was able to assist. It sounds like this employer is causing you a lot of unnecessary stress, and perhaps it is best to part ways with them.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
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