In a criminal charge filed in the Magistrates’ Court of Victoria, it is alleged the company contravened section 9(2) of the Long Service Leave Act 2018 by failing to pay the entitlement when the employee’s employment ended in September 2021.
It is alleged the entitlement was not paid until July 2022, after the former employee reported the matter to the Wage Inspectorate and an investigation was undertaken.
For a company, the maximum penalty is 60 penalty units for each day during which the alleged offence continued. If found guilty of the offence, the company faces a fine of up to $3.4 million.
The matter has been listed for mention in the Magistrates’ Court at Melbourne on 8 November 2022.
Employers and workers seeking information on long service leave should visit the Wage Inspectorate’s website at wageinspectorate.vic.gov.au or call 1800 287 287.
The website contains fact sheets, frequently asked questions and a long service leave calculator. Information on the website has also been translated into 17 languages and interpreting services are available for people who need them.
Background on Victoria’s Long Service Leave Act
The Long Service Leave Act 2018 is a Victorian law that provides long service leave for employees who have worked continuously with one employer for at least 7 years. It applies to work that is:
- full time
- part time
- fixed term.
After at least 7 years’ continuous employment with one employer, an employee is entitled to take their long service leave and be paid any unused long service leave entitlement on their final day of employment.
Most Victorian employees will be covered by and entitled to long service leave in accordance with the Act, unless they have a long service leave entitlement from another source, such as under other legislation, a registered agreement, award or another law.
Wage Inspectorate Victoria enforces state laws covering wage theft, long service leave, child employment and owner drivers in Victoria.
Reviewed 19 October 2022