Recognition of previous service
185 Recognition of previous service
The new employer must recognise the period of service of the former employment in working out the period of service in the new employment.
An employer may recognise, or agree to recognise, previous service of an employee for leave or other purposes only if—
this part applies; or
the employer is satisfied special circumstances exist in the particular case.
Subsection (2) is subject to any Act, law or award binding on the employer providing for recognition of the previous service of the employee on conditions more favourable to the employee than the conditions in the subsection.
An employee in the GOE industry is entitled to any leave or other entitlement accruing because of the recognition of service under this part, but leave or other entitlement availed of, or for which the employee was paid a cash equivalent, must be deducted from the accrued entitlement.
An appeal does not lie against a decision of the employer about the existence or otherwise of special circumstances under subsection (2)(b).
The new employer must give the employee a written notice about a decision made under this section.
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