The appellant seeks an extension of time to appeal an Industrial Magistrates Court decision under section 84 of the Industrial Relations Act 1979 (WA). The decision upheld the respondent’s Compliance Notice, requiring the appellant to pay accrued long service leave to an employee.

In the original decision, the appellant argued that the employee, who was initially employed as an apprentice under one contract, and then employed as an electrician under a new contract, was not due long service leave as he had not completed the required period of continuous employment. The appellant claimed there was a break in continuous employment between the contracts. The Industrial Magistrate disagreed, finding the employee’s work was continuous for a period of eight years, meaning the employee was entitled to pro rata long service leave upon termination. The Compliance Notice was therefore confirmed.

The appeal was advanced on a number of grounds, many of which were deemed inadequately particularised and unintelligible. Other grounds, including that the Industrial Magistrate had erred in her reasoning when interpreting the Long Service Leave Act 1958 (WA) were found to be without merit. Consequently, the Full Bench determined that the grounds of appeal were inadequate, dismissing the application to extend time for filing the appeal, and dismissing the appeal.

The decision can be read here.