T3492
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 The Australasian Meat Industry Employees Union, and Club Butchery
Redundancy claim REASONS FOR DECISION This decision confirms my comments in transcript that an amount of 1-1/2 weeks retrenchment pay is to be made to Mr Briggs who was retrenched by the Club Butchery on 2 October 1991. Mr Briggs had been employed by the Club Butchery (the employer) for 4-1/2 years when he was retrenched because of the economic downturn in the business. Mr Clues appearing for the employer submitted that severe financial incapacity prevented any retrenchment pay being made to Mr Briggs. He presented financial statements to support that circumstance. Additionally Mr Clues informed the Commission that the employer had made representations on behalf of Mr Briggs to secure alternative employment for him. Those representations were subsequently successful and Mr Briggs was employed in a meat wholesale operation. That employment was later terminated because Mr Briggs did not have the necessary skills required by his new employer. Following a further period of unemployment Mr Briggs was employed in a retail butchery (similar to his employment with Club Butchery) and this employment appears to be satisfactory. In all of the circumstances and having particular regard to the earnest efforts of the employer to find alternative employment for Mr Briggs and to the straitened financial position of the Club Butchery, I considered that 1-1/2 weeks retrenchment pay was appropriate. I confirm also that the parties agreed to my recommendation that the amount of retrenchment pay should be paid in three instalments over the period May to July 1992.
R.K. Gozzi Appearances: Date and Place of Hearing: |