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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My wife is a personal carer of over 10yrs at an aged care

Customer Question

Hello.
My wife is a personal carer of over 10yrs at an aged care vacility.
She broke o.h.&s by lifting a pacient without an assistant.
The pacient fell on the floor and was taken to hospital for observation . fortunately no injury.
My wife made a second mistake and tried to get others to falsify documents.
A meeting is scheduled for tomorrow to sack her.
Question: is she still entitled to get her long service and holiday pay entitlements ?
Should she resign ( 30 days notice) prior to the meeting?
Thank you for your response
David
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

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 advice but a guide to assist you.

Have they terminated her for misconduct?

Customer: replied 8 months ago.
Meeting to be held tomorrow for gross misconduct
Expert:  Leon replied 8 months ago.

Good Afternoon

What state of Australia does she work in?

Customer: replied 8 months ago.
Victoria
Expert:  Leon replied 8 months ago.

Good Afternoon

Because she has done more than the minimum years required the law in victoria no longer has her forfeit the money and they have to pay her.

Here is a link about LSL in victoria

http://www.findlaw.com.au/articles/2035/long-service-leave-in-victoria-150-the-changes.aspx

She is lucky this change was made in 2005

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.

Regards

Leon

Customer: replied 8 months ago.
Thank you
Expert:  Leon replied 8 months ago.

Good Afternoon

All the best

You are very welcome and 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.

Regards

Leon

Customer: replied 8 months ago.
Hello. My wife was sacked today.
Expert:  Leon replied 8 months ago.

Good Afternoon

I am sorry to hear about that but due to her resigning this really means nothing and she cannot really sue for unfair dismissal but she still is entitled to her Long Service leave and if they do not pay her she can sue for it.

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.

Regards

Leon