Employees get paid annual leave loading when their employment ends.
They get the loading even though the Live Performance Award says it’s not paid if an employee was dismissed for misconduct.
This means when their employment ends, an employee gets paid for their accumulated annual leave and 17.5% annual leave loading.
Why is annual leave loading paid on termination?
The amount an employee has to be paid for annual leave when their employment ends must be the same as what the employee would be paid if they were on annual leave.
This means that if the employee is paid a loading while taking annual leave, that loading will also be paid when the employments ends.
References
Fair Work Act 2009 – section 90(2) says that when employment ends, employee must get paid what they would’ve been paid had they take the period of leave.
Live Performance Award
Live Performance Award
What to do next
- Use our Pay and Conditions Tool to calculate pay rates, allowances and penalty rates (including overtime).
- Not sure this is your award? Use Find my award to find out which award applies to you.
- Get help with pay.
- Find out about Other workplace relations help
