Source
r/AusLegal•
Lex8986

Advuce and help on an annual leave payout

NSW

Located in Nsw.

In 2007, I started work for a small business. For the first 3 years, it was an hourly pay, working Mon - Fri as a casual.

In 2010, my boss changed the way I was paid to a weekly wage, still working Mon - Fri, until I had to quit in 2016 due to injury. I was paid a severance payment for 17 weeks after I quit.

Less than a year later, I came back to work, as a casual, working Mon - Fri, and have continued working there. My last day will be the 23/12, as I am moving away.

Since then, I have been given information that I was a permanent part-time during the 6 years I was getting a wage, between 2010 - 2016. I never knew this, still believed I was a casual, therefore never took sick or annual leave. I know I can’t claim any sick leave, but am I still able to claim the annual leave that I never took or was paid out to me?

Posted Dec 11, 2022, 5:37 AM UTC · locked

09
free-crude-oil•

Yes.

It should be prorata for the part time period. They should include payment for it in your last pay.

Now would be a good time to check you've also been paid superannuation too.

6
ClassicFantastic787•

Also...did your employer not provide you with a payslip? Cause it might be on there.

1
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1
theosphicaltheo•

Call Fair Work Australia or your Union for advice.

1
antiscab•

The alternative, is they'd have to pay you your casual loading, if you didn't sign a new contract detailing you being a part time employee. The loading may be worth more than the annual leave

1
[deleted]•

[removed]

1
[deleted]•

[removed]

1
GoldenBoyG•

First off, any contracts or agreements stating your a permanent part time employee. Furthermore, if so you will be paid a prorata calculated from 2010-2016. If you have no agreement of the permanent part time role, and just was a casual, make sure you get prorata for casual loading from 2010-2016 (IF YOU WEREN’T being paid casual loading on your payslip)

1
tgrayinsyd•

Deemed permanency is the term - after 12 months of working regular systematic hours

1