September 12, 2020 on chapter Long service leave

Pressing domestic necessity

What are examples of pressing domestic necessity that would meet the criteria of an employee resigning between the 5–10 years to access long service leave?

Generally, in determining whether an employee’s domestic or other pressing necessity is a legitimate reason for their resignation, it is best practice to consider whether a reasonable person in the employee’s circumstances would also feel compelled to resign.

Courts (and tribunals) have determined the following as legitimate examples of domestic or other pressing necessities:

  • to take on family responsibilities;
  • to change jobs to lessen travel expenses when in a difficult financial situation;
  • to take a more highly paid job to cope with increasing financial commitments; and
  • to accept more secure employment.
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