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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44200
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been employed By Efficient Lighting Systems and 1

Customer Question

I have been employed By Efficient Lighting Systems for 10years and 1 month.
On few occasions I have asked for my employment documents so I know my entitlements, rights etc. I never received one and never will.
By not knowing the law I have resigned last night due to harassment and bulling at work by one of the directors. I got reply that I have to give 1 month notice.
I cannot get back due to my anxiety attacks and feeling sick even thinking of going back there.
My question is: how much of long service leave I am supposed to receive?
I have doctors certificate which I faxed today for the period of these 4 weeks notice she demands.
Is this period of time should be paid for?
Thank you.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Hello and thank you for your question.

Were you a full time employee or part time.

Can you describe your role? What kind of work you did, your work hours, whether you worked independently etc?

Did you ever sign an employment contract?

Did your role ever change during your time with your employer?

What did Fair Work say about your situation?

Have you been paid supeannuation?

Customer: replied 1 year ago.
I was full time worker. First 8 years I was working on assembly line and for last over 2 years I was Purchasing Officer for the company. I never signed any contracts.
Yes I have my superannuation paid. But on my pay slip shows that I work 37,5hrs where in fact I worked 40hrs (that's as purchasing officer).When I approached directors about it I was told I was on staff which is rubbish.
Fair Work said that I was paid a bit more than minimum award so that was it. That means to me that my hourly rate and pay slips are not true. Am I right?
Customer: replied 1 year ago.
Patrick, are you there?
Customer: replied 1 year ago.
Sorry Patrick.
I have to go.
Please leave the message or write me an email on***@******.***
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.

You are entitled to 8.8 weeks Long Service Leave under the law

You can calculate it using the following link

The bullying and harassment if it has cause anxiety you can apply for workers compensation.

If you have not been paid correctly you should calculate what you are owed and you should sue them for the money they owe you.

The 37.5 hours I suspect takes into account lunch breaks which are not paid.

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.