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Tasmanian Industrial Commission

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T10363

 

TASMANIAN INDUSTRIAL COMMISSION

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

Brian William McMahon
(T10363 of 2002)

and

Southern Power and Motor Kontrol Systems Pty Ltd
(In Liquidation)

 

COMMISSIONER T J ABEY

HOBART, 2 September 2002

Industrial dispute - severance pay in respect of termination of employment as a result of redundancy - order issued

REASONS FOR DECISION

(1) On 9 August 2002, Brian William McMahon (the applicant) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Southern Power and Motor Kontrol Systems Pty Ltd (In Liquidation) in relation to severance pay in respect of termination of employment as a result of redundancy.

(2) The matter was set down for hearing at the Supreme Court, Cameron Street, Launceston at 10.30am Wednesday 28 August 2002.

(3) Mr B W McMahon appeared for himself. Mr F Ireland appeared for Paul Cook & Associates, the Official Liquidator.

(4) Mr McMahon had been employed by the employer from 15 November 1991 until 26 July 2002. The Official Liquidator was appointed by the Federal Court on 12 July 2002. The Company ceased trading on 26 July 2002 and Mr McMahon was made redundant.

(5) The Applicant seeks a redundancy payment based on two weeks' pay for each completed year of service. Mr Ireland did not oppose the application.

(6) As this application is not inconsistent with the prevailing standards of this Commission in respect of redundancy, I propose to grant the application. The relevant weekly wage is $950.

ORDER

Pursuant to s.31 of the Industrial Relations Act 1984 I hereby order that Southern Power & Motor Kontrol Systems Pty Ltd (In Liquidation) ACN 066 937 782 pay to Brian William McMahon, 27 Michael Street, West Launceston, Tasmania 7250 a redundancy payment calculated on the basis of two weeks' wages for each completed year of service, such payment to be made within 21 days of the date of this decision.

 

Tim Abey
COMMISSIONER

Appearances:
Mr B W McMahon representing himself
Mr F Ireland, for Paul Cook & Associates, Official Liquidator of Southern Power & Motor Kontrol Systems Pty Ltd (In Liquidation)

Date and Place of Hearing:
2002
August 28
Launceston