Long Service for Casual

The Full Bench of the Supreme Court of South Australia has ruled that a casual worker is entitled to long service leave under the South Australian long service leave laws.

A casual worker’s long service leave entitlement is calculated based on average hours in the last three years of employment.  Unfortunately for this worker, he spent the last three years on workers’ compensation, which the Court effectively had to recognise as unpaid leave.

Where an employee did not have fixed hours of work, calculation of average hours for long service leave purposes differ from state to state.

For  more information, please contact our Employment Law and Workplace Safety team by email workplace@mst.com.au or by telephone +61 8540 0200.