National Australia Bank is the latest business to face the Victorian courts over failure to provide Long Service Leave (LSL) to casuals as required by the State LSL laws for all casual employees who have served at least seven years continuous employment to be taken or to be paid out on termination.

The action against NAB is being advanced by the Wage Inspectorate Victoria following a similar successful action against Coles for also underpaying LSL entitlements.

NAB is facing financial penalties (of more than $10K per day that LSL was not paid) as well as criminal charges.

In their defence NAB is arguing that the State Long Service Leave requirements should not apply.

Learnings for Fuel Wholesale, Admin and Retail businesses

The outcomes of this case are not yet clear, but what is clear is that all staff in the industry are entitled to access LSL, permanent and casual, as the industry Awards defer to the State legislation.

Here to Help

 HR Highlights are things to consider, implement and watch out for in your business.  They are provided as general information for you to consider and do not constitute advice.  You should seek further advice on your situation by contacting your legal advisor.  ACAPMA members can access resources and receive advice, guidance and support from the ACAPMA employment professionals via employment@acapma.com.au , it is free for members.  ACAPMA Membership delivers this and more benefits, see; https://acapma.com.au/membership/  for more information.

Elisha Radwanowski BCom(HRM&IR)
ACAPMA

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