TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of industrial dispute

The Australasian Meat Industry Employees Union,
Tasmanian Branch
(T.5016 of 1994)

and

Roelf Vos Supermarkets

Industrial Dispute - underpayment of annual leave loading

REASONS FOR DECISION

This dispute notified by The Australian Meat Industry Employees Union, Tasmanian Branch (AMIEU) concerned a claim for alleged underpayment of annual leave loading to Mr Linger who was previously employed by Roelf Vos Supermarkets.

On examination of the material presented in the proceedings, particularly Exhibit TCCI1, it is beyond question that in settlement of an earlier dispute1, Mr Linger was re-employed which contemplated a new contract of employment. The fact that he subsequently resigned his employment with Roelf Vos Supermarkets does not give rise to a claim for continuity of employment in respect of that period of employment before he was terminated and subsequently re-employed. The only period of employment able to be taken into account is the period from the date of his re-employment to the date of his resignation. That period does not qualify Mr Linger for an entitlement to annual leave loading.

Accordingly the claim for annual leave loading is rejected and this file is closed.

R K Gozzi
COMMISSIONER

APPEARANCES:
Mr J Swallow for The Australasian Meat Industry Employees Union, Tasmanian Branch
Mr S Clues for the Tasmanian Chamber of Commerce and Industry Limited

DATE AND PLACE OF HEARING:
1994.
Hobart:
May 6

1 T.4461 of 1993