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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Leon, I have got an employment contract question, can you

Customer Question

Hi Leon, I have got an employment contract question, can you help with that?
My contract states I am not to take long service leave within 3 years of start of the current contract (I have 20 years with the firm) and I am thinking of leaving the firm after 2.5 years. Will they still need to pay the amount reflecting the long service leave period?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My 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.

They cannot refuse to pay you the long service leave if you resign. The clause appears to mean that you cannot take Long Service in the first three years and have your job remain open.

Does the contract acknowledge you previous service with them?

Customer: replied 1 year ago.
it does
Expert:  Leon replied 1 year ago.

Good Morning

If it does then they have to pay it out to you when you leave. They cannot refuse as you have every right to resign.

I hope this makes sense and is of assistance.

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