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Tasmanian Industrial Commission

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T10091

 

TASMANIAN INDUSTRIAL COMMISSION

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

Shop, Distributive and Allied Employees' Association, Tasmanian Branch
(T10091 of 2002)

and

Walap Pty Ltd ABN 081 017 094

 

COMMISSIONER P A IMLACH

HOBART, 18 APRIL 2002

Industrial dispute - Retail Trades Award - redundancy - severance pay - Order

REASONS FOR DECISION

[1] This was an application for a dispute hearing made under Section 29(1) of the Industrial Relations Act 1984 (the Act) by the Shop, Distributive and Allied Employees' Association, Tasmanian Branch (the union).

[2] The union was in dispute with Walap Pty Ltd (the employer), Northgate Shopping Centre, Glenorchy, over the non-payment of severance pay to Angela Lee Sheedy of Moonah (the employee).

[3] At the initial hearing of this application, on 3 April 2002, the employer failed to appear. The Commission adjourned that hearing to ensure that the employer was aware of proceedings and to enable an appearance if possible.

[4] At the second hearing, on 17 April 2002, the employer again failed to appear. The matter proceeded in the employer's absence.

[5] In evidence, the employee said she had commenced employment with the employer in February 1998, and her employment had been terminated in February 2002, the business having closed down at that time. The employee said that she had been notified of the impending closure of the business one month before it actually happened.

[6] The employee confirmed that she had been paid at the rate of $13.89 per hour, Monday to Friday, and every second week she worked from Tuesday to Saturday inclusive and was paid at the rate of $21.00 per hour for seven hours' work on the Saturday.

[7] The union claimed that the employee was entitled to a severance payment on the basis of two weeks' pay for each year of service, that is, eight weeks' pay at the ordinary time rate of pay in accordance with the provisions of the Retail Trades Award relating to an adult Retail Employee Grade 5.

[8] The union relied in particular on two precedent cases in support of its claim - the Full Bench decision of the Commission in matter T125 of 1985 and a decision of the then President F W Westwood, in matter T6674 of 1996, et al.

[9] I accept the submissions of the union and an Order will be issued based upon eight weeks' pay made up as follows:

38 hours Monday to Friday $528.10
38 hours Tuesday to Saturday
(31 hours @ $13.897 and 7 hours @ $21.00)
$577.90
Total fortnightly pay: $1106.00
Total amount outstanding: $4,424.00

An Order is attached.

Order

In accordance with the power vested in me under Section 31(1) of the Industrial Relations Act 1984, in settlement of this dispute, I hereby order that, within 21 days from the date of this decision, Walap Pty Ltd of 5 McColl Street, Mont Albert North, Victoria 3129, pay to Angela Lee Sheedy of 6 Christy Avenue, Moonah 7009, the sum of four thousand, four hundred and twenty-four dollars ($4,424.00) being severance payment due on the termination of her employment.

 

P A Imlach
COMMISSIONER

Appearances:
Mr P Noonan, Shop, Distributive and Allied Employees' Association, Tasmanian Branch, for the applicant.

Date and place of hearing:
2002
April 3 and 17
Hobart