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Im a casual, Home and community service worker and have been…

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Hi there, Im a...

Hi there, Im a casual, Home and community service worker and have been for 7 years now. I find Im needing to go on a disability pension to have 2 knee replacements, Im currently still working but would like to know if I am entitled to pro rata if I leave for medical reasons.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Opps sorry Im on the Gold coast, QLD

Lawyer's Assistant: Has anything been filed or reported?

No not yet ,I've been putting it off for as long as I can, but know I wont be able to for much longer

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

No I don't think so. I came from Tassie to get work, to boast my super, I alone here and have to go home to family for their support while in rehab, don't thing I will be able to work again before retirement age. Im 64

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/7/2018
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,562
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 7 months ago

the condition of entitlement will be subject to your employment contract.

what does your employment agreement say.

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Customer reply replied 7 months ago
There is nothing there regarding pro Rata
Solicitor: John Melis, Lawyer replied 7 months ago

in this case Pro Rata will not apply.

Have I answered your important question today ?

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Customer reply replied 7 months ago
Ummm not sure about that, Was told if I needed to leave work after 7 years for medical reasons it would be paid even if causual
Solicitor: John Melis, Lawyer replied 7 months ago

if it is a work place injury, yes will have a claim under Work Cover.

Are you claiming a work place injury ?

I have extended a special offer to talk on the telephone if you prefer ?

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Customer reply replied 7 months ago
I think Ostio would be hard to prove its a work place injury, but im sure it would have not helped the situation
Solicitor: John Melis, Lawyer replied 7 months ago

ok

so how would you like to approach the matter.

you could try and negotiate with the employer if you prefer ?

Have you considered that option ?

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