Continuous service under the Long Service Leave Act 1987 (SA) means uninterrupted or unbroken service subject to the exceptions in s 6(1); intermittent, sporadic or irregular service can only satisfy the test if breaks fall within s 6(1). A casual employee who holds themselves available for work as required under a roster system may be found to be employed under a single continuing contract of service rather than a series of contracts. Absence from work due to a compensable injury while receiving workers' compensation payments does not constitute 'unpaid leave' within the meaning of s 3(4) of the LSL Act, which creates a significant gap in the calculation of long service leave entitlements for injured casual workers. The question of whether 'contract of service' in s 6(1)(c) should be read to include 'a series of contracts of service' was left unresolved as between the judges.
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