oooooh you are resigning?
Sorry I missed that.
In Victoria at least the workplace act in 2006 changed the legistlation so that if you have been at the company for 7 years, they have to pay you pro rata your LSL entitlement. I think its federal legislation but i will check.
You'd still need to have worked there for 7 eyears exclusive of your mat leave.
If thats the case they are completely wrong and FWA will tell you/them so.
OK, NSW is different.
From the NSW Industrial Relations website:
Do I have any entitlements if I have worked less than ten years?
If you have completed at least five years (but less than ten years) of service, you will be entitled to a long service pro rata payment if you:
- resign as a result of illness, incapacity, domestic or other pressing necessity
- are dismissed for any reason except serious and wilful misconduct
- die (your next of kin may claim any long service leave entitlement still owing to you at time of death).
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