T6801
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Michael Alfred Suter and Sea Wing International Pty Ltd
Termination of employment - Non-payment of award entitlements - order issued for payment by 26.6.97 of annual leave entitlements and wages due in full settlement of the dispute REASONS FOR DECISION This application by Michael Alfred Suter of Cygnet, lodged pursuant to section 29(1A) of the Industrial Relations Act 1984, was for the payment of entitlements due to him in accordance with the Metal and Engineering Industry Award from his former employer, Sea Wing International Pty Ltd of Gemalla Road, Margate. Mr Suter also alleged unfair dismissal and sought reinstatement. It was claimed that he had been stood down without pay on 14 February 1997 and had been given notice of his dismissal on 25 February 1997. Five other former employees of the company made similar applications. As a result of an extensive period in conference on the first day it was reported that the parties had agreed to facilitate management's efforts to re-establish Sea Wing International. It was agreed that if new investors could be obtained for the company the former employees would be re-employed and would be paid seven days' wages owing plus an additional two days' pay which was for additional time worked subsequent to 14 February 1997. The applicants, upon re-employment, would be paid their annual leave accruals to 14 February 1997 and would recommence on the same wages and conditions applying at that date. Mr Sheppard, for the company, undertook to keep employees informed personally on a weekly basis as to progress and a report back hearing was scheduled for 28 April 1997. That hearing was adjourned into private conference and after some time the matter was further adjourned to allow the employer more time to secure additional funds. When the hearing resumed on 21 May 1997 it was clear that the dispute was no closer to a negotiated settlement. After a lengthy period in private conference involving all the applicants and representatives of Sea Wing International, Mr Suter confirmed that the amount due to him as outstanding annual leave and wages entitlements was the amount set out in the separation certificate issued by the company on 25 February 1997 in respect of his termination ($2227.88), plus two days' pay ($200.03) for work performed after 14 February 1997. The total amount owing to Mr Suter was claimed to be $2427.91. Mr Suter's claim in respect of his unpaid entitlements was in full settlement of the dispute. Mr Gates, for the employer, said that he was unable to refute the accuracy of the claim made by Mr Suter. Despite the peremptory stand down and subsequent dismissal, Mr Suter seeks only payment for work performed for the company and annual leave entitlements due which is a clear indication of the good relationship that had existed between the applicant and the former employer. Before the Commission, Mr Suter, and indeed all the other applicants, has given every indication of being mindful of the efforts of the employer to find funds to enable the business to continue and has expressed the wish to renew employment with the company when it does so. However, it is essential, in my opinion, that wages and other entitlements due to him as a result of his employment with the company be safeguarded by the Commission. As a consequence I find that an amount of $2427.91 is owed by Sea Wing International Pty Ltd to a former employee, Michael Alfred Suter, in respect of unpaid award entitlements due to him in accordance with the provisions of the Metal and Engineering Industry Award and should be so paid within 28 days from 21 May 1997. Accordingly, pursuant to section 31(1) of the Industrial Relations Act 1984, in full settlement of the dispute, I hereby order that, by 26 June 1997, Sea Wing International Pty Ltd pay to Michael Alfred Suter the sum of $2427.91.
F D Westwood Appearances: Date and place of hearing: |