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I finished my employment with my employer in December 2017.

Customer Question
I finished my employment...

I finished my employment with my employer in December 2017. I have been asking for my long service leave payment ever since then. They have finally agreed to pay it. My question now is should it be paid at 2017 rates or at 2018 rates. Pay rates change Jan 1 each year

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I tried discussing this with the Hr manager but with no success. I have not discussed it with a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union

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

I don’t think so

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/2/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,714
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 2 months ago
Thank you
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

Hoe long have you been employed with them?

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Customer reply replied 2 months ago
Almost 9 years
Solicitor: Leon, Solicitor replied 2 months ago

What state of Australia

The rate of pay your LSL is worked out on is what you were earning at the time you left your employer.

So what you were earning in December when you finished is what you are paid at

I hope this has assisted you with your question today

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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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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