Stress earns worker early long service payment
A worker has been awarded close to $9,000 after winning a case for his long service leave entitlements after bresigning from his role due to stress.
The worker worked for A1 Rubber in Queensland, but the Queensland Industrial Relations Commission rejected the employer's claim that the employers statement was invalid due to him not working there for the full ten years needed before receiving long service leave. The commission found he was made to resign due to his illness, which was inflicted on him by his employer.
A1 Rubber attempted to claim that the man lied to doctors and psychologists in an attempt to strengthen his case, however it was found that the man continued to see the psychologist, which has improved his mental health, well after stopping work at A1 Rubber.
"The purpose of these proceedings is to determine whether [the worker] has an entitlement to pro rata long service leave in accordance with section 95(4)(b)(i) of the Act. No blame needs to be attached to either [the worker or employer] in respect of the origins of [his] depression and anxiety."
All the worker needed to demonstrate in this case was that he terminated his employment because of his illness or capacity, Commissioner Knight said.
The man was awarded a pro-rata rate for his long service leave of $8,615.
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