GazinOz Posted March 20, 2012 Share Posted March 20, 2012 Here's an interesting one folks. If you can shed any light or point me in the right direction it would be much appreciated. I've been in Sydney for 2 years and just been given PR. I moved to Australia with my IT company who are a global / international organisation. I came over on a 'local' move ... ie not an assignment etc therefore have a 'local' contract of employment. It was an internal move but due to the complications of working for a large multinational I had to effectively resign from the UK and take up a new position in the Australian business. In doing this though I ensured that my service was recognised. My thoughts here were in particular if I was made reduntant I'd like my service to be recognised. For reference my contract was originally for 4 years as I came over on a 457 visa but recently it was ammended to remove the end date as the company was sponsoring me for PR. Anyway ... I believe I'm entitled to Long Service leave come October when I hit 10 years with the company. My rationale is (1) I'm a permanent Australian Resident (2) I have an Australian / NSW employment contract (3) I have in my contract that my continued service will be recognised on my move to Australia (4) My contract also states under LSL Section that it's in accordance with the applicable state law and lastly (5) at least 2 of my colleauges have been awarded 10 years LSL in the exact same position as me. I haven't came outright and asked yet but my HR guy recently told me that my LSL would only start from the day I started in Australia and that my continuous service would only be recognised for redundancy situations. I've called Fairwork Australia who couldn't answer me and pointed me to NSW Industrial Relations. They confirmed it was a grey area and had the opinion that the contract needed to start in NSW to be recognised however this isn't stated in the legislation. He then suggested I contact an employment lawyer as it would be more a contractual dispute rather than a legislation one. Can anyone shed any light on this one or indeed point me in the right direction of someone who could help. Many Thanks Gaz Link to comment Share on other sites More sharing options...
Que Sera Sera Posted March 20, 2012 Share Posted March 20, 2012 Its a difficult one as it covers different continents let alone countries. I think this would come under contractual law, so check the contract, and I would speak to a solicitor specialising in employment law. Normally if you are working in a different country then you will come under the local law, but not always. Link to comment Share on other sites More sharing options...
RockDr Posted March 20, 2012 Share Posted March 20, 2012 Tough one. Would you have had LSL if you'd stayed in the UK? If it wasn't part of your contract in the UK, then the company would be able to argue that only the Asutralian time counts. However if people in exactly the same situation as you have got LSL, then that's a precedent that you should be able to use. I would have a chat with HR, stating the precedents, and see what they say. If it's a negative, then you could consult a lawyer, but how much do you want to irritate your employer? Link to comment Share on other sites More sharing options...
GazinOz Posted March 20, 2012 Author Share Posted March 20, 2012 Thanks Guys - yes it is a difficult one ! There's a bit of me thinks I'm 'chancing my arm' a little ... but then again I think well other folks who are peers got their LSL then so should I. I also think ... well I have given my life to the company for 10 years and never been given any recognition so why shouldn't I push for it. Good question RockDr on how much I want to irritate my employer ! It could be career suicide if I push really hard but then again the opportunities in Australia seem so much better than the UK and I'm less worried now that I'm permanent resident. Gaz Link to comment Share on other sites More sharing options...
Quinkla Posted March 20, 2012 Share Posted March 20, 2012 LSL only applies to time within Australia unless your company operates a different policy out of goodwill. But as RockDr says, if it has been given to others in the same circumstance then by all means ask. Just ask gently, saying that you had heard that others had had it in the same situation and wondered whether you would too. This allows them to say gently that you won't, or that you are wrong about colleagues without anyone having had to take entrenched positions. Link to comment Share on other sites More sharing options...
GazinOz Posted March 20, 2012 Author Share Posted March 20, 2012 Even if it's in my contract that my service is recognised Proud Pom ? Gaz Link to comment Share on other sites More sharing options...
Quinkla Posted March 20, 2012 Share Posted March 20, 2012 If it is in your contract that your service is recognised then you could just apply for LSL on the assumption that you are entitled and feign confusion if you are knocked back. The law is the bare minimum you are entitled to - if your contrat offers more then you are entitled to that too. Link to comment Share on other sites More sharing options...
Dave83 Posted June 26, 2014 Share Posted June 26, 2014 Hi Gaz. Did you get to the bottom of this? I'm in the same situation so curious to know.. Cheers, Dave Link to comment Share on other sites More sharing options...
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