Jones v State of New South Wales (Commercial Services Group) Formerly Government Cleaning Services

Jones, the applicant, brought proceedings against the State of New South Wales (Commercial Services Group) formerly Government Cleaning Services, the respondent, in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the applicant's entitlement to long service leave.

The primary legal issue before the Court of Appeal was whether the applicant's service with the respondent constituted a continuous period of service for the purposes of the *Long Service Leave Act 1955* (NSW). This involved determining whether breaks in employment, specifically periods of unemployment between contracts, interrupted the continuity of service required to accrue long service leave entitlements.

The Court of Appeal, in its reasoning, considered the definition of "service" and "continuous service" under the *Long Service Leave Act 1955*. It applied established principles regarding the interpretation of employment legislation, focusing on the substance of the employment relationship rather than mere formal breaks. The Court found that the applicant's employment, despite periods of unemployment, was of such a nature that it should be considered continuous for the purposes of the Act, particularly given the nature of casual or contract employment in the public sector. The Court ultimately allowed the appeal, finding that the applicant was entitled to long service leave.