ASMOF congratulates the Health Services Union (HSU) on an important Supreme Court win!

01-Dec-2017

In a significant decision handed down yesterday, the Supreme Court granted the HSU’s request for declaratory relief acknowledging that employees who are covered by the Health Employees' Conditions of Employment (State) Award 2017 (the Award) who start off as casuals but later convert to permanent employment can count their period of  casual service towards long service leave as continuous service. 

This decision is significant as it will change a long standing practice in the Department of Health which has been to restart the clock when casuals converted to permanency, even though many of the casuals worked for many years before they became permanent employees. As a result of this decision many NSW Health employees covered by the Award will receive their entitlement to long service leave earlier than anticipated. 

ASMOF congratulates the HSU and their members on their important win. Although this decision was specifically related to the Health Employees' Conditions of Employment (State) Award 2017, it may potentially have flow on effects for a limited number of our members who are (or have been) employed as casual employees who have the requisite “continuous service” with the employer. If you are or have been a casual employee, please contact the ASMOF office for more information. 

If you would like to read the full decision it is available online here: 

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1661.html