Significant Shift for Long Service Leave in NSW
                     Significant Shift for 
Long Service Leave 
in NSW
In a recent decision by the Court of Appeal in New 
South Wales, the understanding of how the Long 
Service Leave Act 1955 (NSW) applies to employees 
who have moved between states or countries during 
their continuous service has undergone a significant 
shift.
Previously, it was understood that an employee’s long 
service leave entitlement would only accrue for the 
time they were physically working in the state of New 
South Wales. However, the Court of Appeal has 
overturned this understanding and ruled that an 
employee’s long service leave entitlement will now 
accrue for the entire period of their continuous service, 
regardless of whether they have moved between states 
or countries during that time.
This ruling has significant implications for both 
employers and employees in New South Wales. 
Employers will now need to take into account an 
employee’s entire period of continuous service, 
regardless of where they have worked, when 
calculating their long service leave entitlement. This 
may result in an increase in the amount of long service 
leave that employees are entitled to, and could also 
result in additional administrative burdens for 
employers.
For employees, this ruling means that they will now be 
able to accrue long service leave for the entire period 
of their continuous service, rather than just for the time 
they were physically working in New South Wales. This 
will provide greater flexibility for employees who move 
between states or countries, and will ensure that they 
are not disadvantaged when it comes to their long 
service leave entitlements.
Overall, this decision by the Court of Appeal represents 
a significant shift in the way that long service leave is 
applied in New South Wales, and will have far-reaching 
implications for both employers and employees in the 
state. It is important for both employers and employees 
to be aware of this change and to understand how it 
will affect them.
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