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Tasmanian Industrial Commission

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T9488

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing of an industrial dispute

Elouise Susan Pratt
(T9488 of 2001)

and

Di Versions Walking Tours ABN 32 619 194 835

 

COMMISSIONER P A IMLACH

HOBART, 12 DECEMBER 2001

Industrial dispute - Shipping Award - alleged unfair termination of employment - order

REASONS FOR DECISION

[1] This was an application for a dispute hearing made under s29(1A) of the Industrial Relations Act 1984 (the Act), by Elouise Susan Pratt (the employee) of 52 Main Street, Zeehan.

[2] The employee was in dispute with Miss Dianne Margaret Coon, trading as Di Versions Walking Tours (the employer), over the lack of notice due under the Shipping Award (the award). The employee claimed her employment had been unfairly terminated on 30 March 2001.

[3] The employee, who commenced work for the employer on 4 October 2000, had been employed as a deck hand/hostess on cruise vessels in the Strahan, Macquarie Harbour, Gordon River area.

[4] The employee was rostered to work on Wednesday, Thursday and Friday of every week, plus every second weekend. She worked for a "season" and, in fact, the "season" ended just two weeks after her employment was terminated.

[5] On Monday, 2 April 2001, the employee went to check her roster hours for the coming fortnight, but, discovered that she had not been rostered to work and she received a note from the employer saying:

"Dear Ellie,

You have made it very clear that you are unhappy in your employment with us, and would like to work for World Heritage Cruises. Accordingly, I have removed you from the roster so that you can pursue immediate employment with the Grinings."

[6] The employer said for the final two weeks of the "season" there were excess staff for requirements and, with that in mind, as well as her knowledge that the employee had made overtures for work in other areas, she had taken the employee off the roster.

Findings

[1] I am satisfied on the evidence that the employee had been employed on a part-time basis for the period of her work with the employer. As a part-timer, the employee was entitled under the award to one week's notice of the termination of her employment, but, she did not receive any notice, nor was she given the opportunity to answer the allegations made against her. In these circumstances, I find that the employee was unfairly dismissed.

[2] Apart from what I have found and decided in the previous paragraph, I am satisfied that the employee had little additional reason to complain. On the evidence, the pay rates were above the award and the employer's rosters were fair and only posted after consultation had taken place; also, swapping of shifts and the taking of days off were permitted.

[3] Having in mind the fact of the impending "season" closure, I will order that the employee be paid an amount assessed on the basis of two weeks' pay: on the evidence, this would mean eight shifts for the fortnight, including three "double" shifts, that is, five shifts at $125 each, and three shifts at $150 each.

Order

In accordance with the power vested in me under Section 31 of the Act, in settlement of this dispute, I hereby order that Miss Dianne Margaret Coon, trading as Di Versions Walking Tours ABN 32 619 194 835, of Andrew Street, Strahan, Tas 7468, pay to Miss Elouise Susan Pratt of 52 Main Street, Zeehan, Tas 7469, within twenty-one days of the date hereof, one thousand and seventy-five dollars ($1,075.00).

 

P A Imlach
COMMISSIONER

Appearances:
Miss E Pratt, self-represented
Miss D Coon, trading as Di Versions Walking Tours ABN 32 619 194 835

Date and place of hearing:
2001
June 8
October 30
Queenstown