T2986
|
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Federated Miscellaneous Workers Union of Australia, and Minister administering the Tasmanian State Service Act 1984
Industrial Dispute - alleged non-compliance by employer in matter T.1864 of 1989 REASONS FOR DECISION This dispute, notified by The Federated Miscellaneous Workers Union of Australia, Tasmanian Branch, concerned the terms of reinstatement of Mr McGrath in his employment with the Department of Education and the Arts. Mr McGrath was reinstated in his employment as a result of proceedings in matter T.1864 of 1989 which were finalised in the Commission on 19 June 1989. The circumstances giving rise to the dispute in this matter related to the refusal by the employer to make good to Mr McGrath $1168.50 being the amount of Family Allowance Supplement foregone by him in the 1989/90 financial year. It appears that as a consequence of his reinstatement Mr McGrath received back pay and an ex gratia payment which resulted in his income exceeding the taxable threshold for Family Allowance Supplement purposes. In the proceedings Mr Pearce, appearing for the Minister administering the Tasmanian State Service Act 1984, informed me that the decision by the Department of Social Security to refuse to reimburse Mr McGrath with the amount of Family Allowance Supplement foregone is under appeal. He advised me that the Social Securities Appeal Tribunal would be dealing with Mr McGrath's complaint. In the event that Mr McGrath is not successful in his appeal then he has further recourse to the Administrative Appeals Tribunal. Having regard to those particular circumstances I decided not to proceed with the further hearing of this dispute. I consider that Mr McGrath's concerns are before the proper tribunal and even though jurisdictionally there is no impediment for me dealing with this matter at the same time, I do not intend to cut across processes already in train. This file is closed.
R.K. Gozzi Appearances: Date and Place of Hearing: |