Skip to content
Legal

Spotless entities plead guilty to underpaying long service leave

Wage Inspectorate Victoria 2 mins read

Two Spotless entities have pleaded guilty in the Melbourne Magistrates’ Court to underpaying employees’ long service leave entitlements.

Spotless Facility Services pleaded guilty to failing to pay 3 casual employees a total of $2,276 in outstanding long service leave entitlements on the day their employment ended.

Spotless Services Australia Limited pleaded guilty to failing to pay a casual employee their $2,201 long service leave entitlement when their employment ended.

In Victoria, an employee must receive payment of any untaken long service leave on the day their employment ends.

The offences took place between October 2020 and May 2023.

In sentencing, Magistrate Gilligan noted that the companies had repaid affected staff with interest, had self-reported the underpayment to the regulator and cooperated with its investigation.

His Honour, without conviction, placed Spotless Facility Services and Spotless Services Australia Limited on an adjourned undertaking to be of good behaviour for 6 months, and ordered them to pay a total of $12,000, comprising $4,000 in charitable donations to the Salvation Army ($3,000 for Spotless Facility Services and $1,000 for Spotless Services Australia Limited), and $8,000 in costs, payable by Spotless Facility Services.

Quotes attributable to Robert Hortle, Commissioner of Wage Inspectorate Victoria

“Staff must be paid any long service leave entitlement on the day their employment ends. The money can be a crucial lifeline that helps people meet living costs while they look for a new job.” 

“Spotless has the resources to get their payroll obligations right, and to get them right the first time.”

“This case also highlights a poorly understood element of Victoria’s long service leave laws – casual employees with 7 years of service are entitled to long service leave. In fact, even seasonal staff can be entitled to long service leave if they have worked for the company long enough.”

Background

The Long Service Leave Act 2018 is a Victorian law that provides long service leave for employees who have worked continuously with one employer for at least 7 years. It applies to work that is full time, part time, casual, seasonal and fixed term.

After at least 7 years’ continuous employment with one employer, an employee is entitled to take their long service leave and be paid any unused long service leave entitlement on their final day of employment.

Most Victorian employees will be covered by the Act, unless they have a long service leave entitlement from another source, such as a registered agreement, award or another law.

A prosecution is the Wage Inspectorate’s most serious compliance tool and decisions to take legal action are made in line with its Compliance and Enforcement Policy.

Further information can be found at wageinspectorate.vic.gov.au.


Contact details:

media@wageinspectorate.vic.gov.au
0476 884 205

More from this category

  • Legal
  • 23/05/2024
  • 09:33
Parliament of Australia

Intelligence and Security Committee to hold hearing on ASIO’s questioning warrants

The Parliamentary Joint Committee on Intelligence and Security (PJCIS) will hold a public hearing for its review into the operation, effectiveness and implications of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 on Thursday, 23 May 2024. The laws under review allow the Australian Security Intelligence Organisation (ASIO) to seek a warrant to compel an individual to attend questioning. These powers were originally introduced in 2003 as part of Australia’s counter-terrorism response and were significantly amended in 2020 following a review by the PJCIS. Further amendments have been proposed by ASIO ahead of the hearing,…

  • International News, Legal
  • 21/05/2024
  • 13:17
Monash University

Monash Expert: International Criminal Court seeking arrest warrants for Israeli and Hamas leaders, including Netanyahu

The chief prosecutor of the International Criminal Court (ICC) has stated he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the ongoing war in Gaza. A Monash expert is available to discuss the legal and practical aspects of how an arrest warrant would work and their implications. Dr Monique Cormier, Senior Lecturer, Monash University Law Contact: +61 3 9903 4840 or media@monash.edu Read more of Dr Cormier’s work at Monash Lens The following can be attributable to Dr Cormier: “The ICC Prosecutor’s decision to seek arrest warrants…

  • Defence, Legal
  • 20/05/2024
  • 09:59
Parliament of Australia

Declared Areas Offence under review by the Intelligence and Security Committee

TheParliamentary Joint Committee on Intelligence and Securitywill hold a public hearing for itsreview of the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024(Declared Areas Bill) on Monday, 20 May 2024. Counter-terrorism provisions within theCriminal Code Act 1995(Criminal Code) include the ability for the Minister for Foreign Affairs to ‘declare’ an area, making it a potential offence, punishable by up to 10 years’ imprisonment, for an Australian citizen, resident or visa-holder to enter or remain in the area. The declared areas offence is presently due to sunset in September 2024. The Committee has invited Government and non-government representatives to its hearing to…

Media Outreach made fast, easy, simple.

Feature your press release on Medianet's News Hub every time you distribute with Medianet. Pay per release or save with a subscription.