The High Court has recently refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he was transferred to Queensland in time to serve out part of his post-resignation notice period. (Workplace Express Aug 25 2025)

The High Court has recently refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he transferred in time to serve out part of his post-resignation notice period. (Workplace Express Aug 25 2925)

In effect the employee worked the last 18 days of his notice period in Brisbane, which saw him pass the 10 year employment mark.

The Queensland's IR Act 2016 entitles workers to access long service leave if they have completed 10 years of "continuous service" with the same employer whether wholly in the State or partly in and partly outside the State.

Calculations show that even though the employee worked only 0.49% of his tenure in in Queensland, however that was sufficient in order to comply with the provision of the Qld IR Act 2016, as the matter turned on the employee’s service being partly in the state, regardless of how much time the employee worked in Queensland.

Learnings from the above for employers.  If you have business outlets in other states and there is consideration of transferring an employee who is nearing 10 years of continuous service to Queensland, the possible additional cost should be taken into account.