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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: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
1/7/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,799
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 4 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 4 months ago
There is nothing there regarding pro Rata
Solicitor: John Melis, Lawyer replied 4 months ago

in this case Pro Rata will not apply.

Have I answered your important question today ?

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Customer reply replied 4 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 4 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 4 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 4 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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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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