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Tasmanian Industrial Commission

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T5936

 

TASMANIAN INDUSTRIAL COMMISSION

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

Minister for Industrial Relations and Training
(T5936 of 1995)

and

A.M.C. Holdings Pty Ltd
(trading as Automatic Music Company)

 

COMMISSIONER P A IMLACH

1 February 1996

Industrial dispute - underpayment of remuneration - arbitrated - order issued

REASONS FOR DECISION

This was a dispute hearing application made under Section 29 of the Act by the Minister for Industrial Relations and Training (the Minister).

The dispute was between Allison Rose Helm of New Town (the employee) and A.M.C. Holdings Pty Ltd, trading as Automatic Music Company of 140 Campbell Street, Hobart (the Company). The employee alleged that her wages had been underpaid during her period of employment with the Company, from 25 July 1994 to 6 October 1994. The employee had been employed as a full-time office assistant under the Metal and Engineering Industry Award (the Award).

Except for the immediate circumstances surrounding the employee's cessation of work with the Company there was no dispute between the parties as to the facts in this case.

The Minister brought the employee forward as a witness and she stated that she had been told by the Manager of the Company, Mr Erwin Boot, to leave her employment following an argument that had ensued when the Manager alleged that the employee had made a mistake with a certain order.

The Manager, who appeared and advocated on behalf of the Company, claimed in his submissions that, as a result of the altercation the employee had "walked out" on her job and therefore was not entitled to any further payments.

The employee as a witness denied that she had "walked out" and said that her employment had been terminated by the Manager, Mr Boot.

Decision

In the circumstances of this case where at the hearing the Manager represented himself from the bar table and the employee was brought forward as a witness, it was difficult to establish the truth as to the disagreement which resulted in the termination of employment. I am satisfied, nevertheless, that the Manager made it quite clear at the time that the employment had been terminated. This assessment was supported by:-

  • the clear indication in the Commonwealth Department of Social Security's Employment Separation Certificate, dated 10 October 1994, that the employee's employment was terminated due to her unsuitability for the type of work; and

  • the statement in a letter the Manager wrote to the Commonwealth Employment Centre the day after the employment ceased, 6 October 1994 " ... she continued haranguing me so I sacked her."

The Minister demonstrated to my satisfaction that the employee had been under-paid at the time of her employment termination an amount of $343.38 which was the balance of wages owed to the employee after over-payment amounts, totalling $185.28, had been deducted from an amount of $528.66 not paid for rostered days off accrued, but, not taken; proportionate annual leave on termination and payment in lieu of notice. The company did not dispute these amounts.

I am satisfied that the Minister's case was made properly and all relevant information was put before me.

Order

In accordance with the power vested in me under Section 31 (1) of the Industrial Relations Act 1984 I hereby order that, within fourteen (14) days from the date of this decision, A.M.C. Holdings Pty Ltd, trading as Automatic Music Company, pay to Allison Rose Helm of Flat 1, 16 Cross Street, New Town 7008, the sum of three hundred and forty-three dollars and thirty-eight cents ($343.38) being arrears of wages due on the termination of her employment.

 

P A Imlach
COMMISSIONER

Appearances:
Mr M Armsby with Mrs T Butler for the Minister for Industrial Relations and Training
Mr E Boot with Mrs J McCormack for A.M.C. Holdings Pty Ltd, trading as Automatic Music Company

Date and place of hearing:
1995
December 7
Hobart