Thanks good to know. As a 457 visa holder who has moved to Australia with the same employer, my previous service would make redundancy an attractive number relative to dismissal (i.e. as my letter states previous employment is continues I would argue that triggers a long service element). Hopefully, my interpretation holds (and I do not think dismissal is a likely option).
You may not be entitled to long service leave if your employment commenced overseas even if you have continuous employment in Australia.
This is because lsl is not recogised in any other country, it may be different if you were employed here originally and went overseas or if your contract specifically stated you had lsl included in your contract.
Plus a maximum of 6 months excludes leave entitlements which are on top of this.
So my advice is get some definitive rule or you may miss out.
No, not prior employed in Australia. I was a UK expat in another country and in moving to Australia my prior conditions were obviously changed (benefits) but the letter states that my prior services "is counted as continuous". That is presumably for global company benefits but can I assume if it did not count to long term service in Australia the letter should have specifically stated that it did not count towards that?
I wouldn't assume anything if I were you, if there is a dispute with your employer, in the end it will depend on the interpretation of Fair work as to what service was or wasn't included as part of LSL.
Better to get a definitive letter from your employer stating continuous service in other countries counts towards your LSL in Australia.
Thant puts it all beyond doubt.
rambler1 2014-01-13 12:56:38