Infosys Technologies Limited v State of Victoria

Infosys Technologies Limited, an Indian multinational corporation, took legal action against the State of Victoria, the relevant government body, regarding long service leave entitlements under the Long Service Leave Act 2018. The central issue was whether Infosys was liable to make payments of long service leave to former employees who had completed more than seven years of continuous employment. The employment began in India and continued in Victoria until termination. The court had to determine if the employees' service in India was included in their seven years of continuous employment.

The legal questions before the court were primarily concerned with the interpretation of the Long Service Leave Act 2018 and whether service completed outside Victoria could be counted towards the required seven years of continuous employment. The court examined sections 6, 9, 11, 12, 18, and 19 of the Long Service Leave Act 2018, as well as sections 56 and 60 of the Long Service Leave Act 1992. Additionally, the court considered relevant statutory interpretation provisions from the Interpretation of Legislation Act 1984 and the Interpretation Act 1897 (NSW).

The court concluded that the service in India was not included in the employees' seven years of continuous employment, and therefore, Infosys was not liable to make payments of long service leave. The court's reasoning was grounded in the interpretation of the Long Service Leave Act 2018, which explicitly required that the seven years of continuous employment must be performed in Victoria. The court distinguished the decision in Cummins South Pacific Pty Ltd v Keenan, finding that it did not apply to the present case. The court's decision was based on a strict interpretation of the statutory language and the legislative intent to confine the continuous employment period to Victoria.

As a result, the court ruled in favour of Infosys Technologies Limited, absolving the company of any liability for long service leave payments to the former employees. The court's decision provided clarity on the interpretation of the Long Service Leave Act 2018 and the scope of continuous employment for the purpose of long service leave entitlements.