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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been on work cover past 5 months

Customer Question

Hi I have been on work cover for the past 5 months for workplace bullying by my employer. It is a manufacturing company with 15 employees and I have been with them for 9yrs and I am 57yrs of age, I have not resigned and my employer has not terminated me. Qld Work Cover do not expect me to go back to my employer and they organised Host Employment Placement for me to do for a period of 4 weeks. My Question is does my employer have to pay my super while on work cover, and how do I go about getting paid out with pro rata long service and annual leave entitlement. I have been offered another job so do I get my doctor to write a incapacity letter to say it is not advisable for me to not continue working for my previous employer as it caused me anxiety and stress? thanks
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
I am in Qld and have attached copy of my notes and employer email
Customer: replied 2 years ago.
Sorry I forgot to tell you I worked as an Accounts Clerk in a manufacturing business. Note: what my employer said in her email is pointed at me in regards ***** ***** behaviour when she is like this with everyone in the company, unfortunately no one will back me up. I feel what she said in the email some of it has been twisted around, also my employer would take invoices etc from my office and deny taking them which caused me a lot of distress. I also made complaint to her brother in law and mother in regards ***** ***** behaviour, but I have nothing in writing
Expert:  Leon replied 2 years ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.Generally the answer is that they have no obligation to do so unless it is clearly indicated in your award or in your agreement of employment.The following link explains in more detail and the section relating to work cover is pasted before the linkWorkCoverThere may be no obligation for you to keep contributing to an employee's super fund while they are away from work on WorkCover. The obligation to contribute to super generally only applies to wages and salary paid while an employee is actually working, however there are some awards, workplace agreements and contracts that specify that employers are required to continue super contributions for a limited period while a claimant is on WorkCover.http://www.taxpayer.com.au/KnowledgeBase/10194/Small-Business-Tax-Super/How_much_superannuation_to_payIn relation to the long service leave, whilst to remain employed if you wish to receive your long service leave it will be paid to you weekly as wages, but because you are currently receiving payment through WorkCover I would suggest that you not even consider this. After completion of 7 years you are entitled to pro rata long service leave but the following information explains when you are to be paid it out.Employees who have completed 7 but less than 10 years continuous service are entitled to pro-rata long service leave only if:the employee's service is terminated by their deaththe employee terminates their service because of their illness or incapacity or because of a domestic or other pressing necessitythe employer dismisses the employee for a reason other than the employee's conduct, capacity or performanceorthe employer unfairly dismisses the employee.This has come from the following link:https://www.business.qld.gov.au/business/employing/employee-rights-awards-entitlements/long-service-leave/entitlements-continuous-service if you are not in receipt of work, payments then you can request that they give you your long service leave but that would not be in a lump sum. I hope this makes sense and is of assistance. If you wish to resign, then you should look at your agreement and see what the terms and conditions are, and if the employment you have found breaches any confidentiality agreement you should not be taking the job as you could be sued by your current employer. If your anxiety and stress continue, WorkCover will pay any medical expenses but as you have a new job, there would be no loss of wages and their component would not be paid by WorkCover. Upon your resignation you would receive your long service leave as well as any accrued annual leave owing to you. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon