When an employee believes their long service leave record is missing a period of qualifying service, they are entitled to apply to Coal LSL for a service review. However, a review can become a pain point between an employer and their employee. This article aims to clarify the process and rights of each party involved, in an effort to reduce that pain.
Missing service is any service worked as an eligible employee which is not reﬂected in the employee’s Statement of Service held by Coal LSL.
We encourage an employee to speak with their employer in the first instance if they believe their record does not match their service history. In many cases, it’s easily resolved at that stage. The employer lodges an Adjustment Levy Advice for the respective service period and we update the employee’s record accordingly. In the event there is dispute over the service period, the employee has the option to apply to Coal LSL for a service review. We notify an employer if this happens so they are aware and can prepare in advance.
The review process is detailed and lengthy. Certain criteria must be met for an employee to be eligible to apply for a service review. Valid evidence is also required to substantiate an application. Once the requirements are met, a comprehensive investigation is carried out which is then presented to the Coal LSL Board for consideration.
Employees are entitled to appeal a Coal LSL decision. Equally, employers are entitled to appeal the outcome of a decision to recognise an employee’s period of service.
Refer to the Service Review web page and handbook for details about the process and your right to appeal as an employer.
Our periodic updates provide useful information for employers administering the long service leave legislation for their eligible employees.