Agency Nurse Entitled To Long Service Leave

By Neale Towart

In South Australia the Industrial Relations Court has found that an agency nurse was entitled to unpaid long service leave on termination.

The nurse had worked for a series of clients over 14 years through the same nursing employment agency. The employer argued that the employment relationship was casual, but the court found the employee was employed by the agency itself under a continuous contract of employment.

Mallon v Nursing Agency of Australia Pty Ltd (T/as NASANSB)[2003] SAIRC 22, Ind Rel Ct, 8 April 2003

(CCH Work Alert. issue 7, 8 July 2003)