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Are casual part time retail assistants entitled to service…

Hi, Are casual part...

Hi, Are casual part time retail assistants entitled to long service leave?

Lawyer's Assistant: Have you documented this or discussed it with HR?

I am asking on behalf of my sister who works in a country town in a small business owned by a husband and wife, There is no HR.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I think at will if I understand the meaning correctly

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do I have to pay for this advice from the lawyer? My sister is about to hand in her notice. She has worked in the business for 11 years without breaking service. The bosses wife started working in the business more recently and apparently since that time the staff there have become unhappy and have started leaving due to the wife's personality and disposition. Apparently the previously mutually respectful relationship between the boss and my sister is starting to sour as a result of his wife's treatment of my sister. My sister continues to be the top salesperson every month despite continually being given the least hours of all the staff. I think my sister's boss will not make it easy for her when she hands in notice. My sister has worked in the business for 20 years, 9 with the previous owner. She has lived in a small country town all her life, is very humble and does the right thing by everyone. I have a friend who works in HR for the government and she was telling me about her work and during the course of the discussion she was telling me about a case where they had to back pay a casual employee for long service leave. I asked her if she thought my sister would be eligible and she thought she would be hence my sister has asked me to see if I could get clarification. My sister asked one of her colleagues if they were aware of this. Her colleague asked their accountant who advised her they were not entitled to long service leave as casual employees. I suggested to my sister that perhaps the accountant might not have all the facts. Thanks for your help.

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Answered in 5 minutes by:
11/20/2017
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,334
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Casual part time employees are not entitled to long service leave.

Does your sister have an employment contract, as there may be other special conditions in the agreement she could apply for.

If you have a copy and upload I will have a review and advise on the same.

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Customer reply replied 8 months ago
I will check with my sister but I don't think there is a contract

ok.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

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Customer reply replied 8 months ago
Hi, your advice didn't seem right so I have just gone to the Fair Work website and it appears you have given me the completely wrong advice. I have attached information which contradicts the advice you gave me.

I have extended a special offer to talk to on the telephone to clarify my comment as it is subject to any agreement that is signed.

An employee ceasing employment after at least seven years of continuous employment with one employer is entitled to be paid long service leave at the accrual rate of one week for each sixty weeks of continuous employment, regardless of the reason for termination of the employment. This of course depends on whether the employer has changed ownership during this time.

It is common for business to remain as place of employment but during the course of several years the ownership structure of the business may change will will also change the long serve leave entitlement. So the background of the company needs to be assessed carefully to determine the rights of your sister completely.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,334
Experience: Principal Lawyer at Legal AU Pty Ltd
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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