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Programmed wins dispute over 'transferred' on-hire employee's LSL

In an important case for the recruitment industry, Programmed has won a long-running dispute over its liability to pay long service leave to an on-hired worker, who became a Randstad employee after an account changed hands.

The full bench of Queensland's Court of Appeal ruled that on-hire employees are "transferred" to a new recruitment company if they opt to transition when host employers change their labour hire providers, clarifying that liability for long-service entitlements, for long-term on-hire workers, transfers to the new labour provider.

The case involved a long-term PIW casual maintenance worker who was on-hired to Brisbane City Council for a period of eight years, on successive casual contracts...