T9928
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Pamela Joy Cowen and The Wine Glass Coffee Bar
Industrial dispute - Restaurant Keepers Award - breach of award - casual employee - pay cheque dishonoured - 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 Ms Pamela Joy Cowen (the applicant) of Moogara. [2] The application was joined at the outset with two other applications: T9918 1 and T9919 2 of 2001. [3] None of the parties were represented at the hearings. [4] Mrs Cowen and the two other applicants were in dispute with Mr Malcolm Reece of Glenorchy, trading as The Wine Glass Coffee Bar. The applicant claimed alleged breach of award and alleged unfair termination of employment. However, at the hearing on 15 January 2002, the applicant withdrew her claim for alleged unfair termination of employment. [5] The applicants were covered by the provisions of the Restaurant Keepers Award (the award). At the hearing on 15 January 2002 each applicant gave sworn evidence to the Commission in relation to her claim. [6] Ms Cowen commenced employment with Mr Reece on 22 October 2001 and finished work on 30 October 2001. She said she worked as a general restaurant assistant and received $13.50 per hour for her work. She said she was a casual employee. [7] Ms Cowen worked the following days and hours3:
[8] Mrs Cowen said that because her pay cheque was dishonoured, she was not paid for the work she did on 29 and 30 October 2001. [9] Mr Reece did not dispute the evidence of Ms Cowen, but, claimed in explanation that the hourly rate he had paid was notified to him by his partner in the business who had told him he was able to do so under a proposed enterprise agreement. Apart from the statements of Mr Reece, there was no evidence that there was a partner in the business. Findings [10] I am satisfied that Mrs Cowen did the work of a Food and Beverage Service Grade 2 employee as provided in the award. [11] Mr Reece failed in his attempt to pay Mrs Cowen for the work she performed on 29 and 30 October 2001. It does not fall within my jurisdiction to order that Mrs Cowen be reimbursed for bank charges associated with dishonoured cheques. [12] On the Commission's assessment and calculations Ms Cowen, as a casual employee, was entitled to be paid at the rate of $14.98 per hour.
Order [13] 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, Mr Malcolm Reece of 15/31 Elwick Road, Glenorchy, Tasmania 7010, pay to Ms Pamela Joy Cowen of 244 Moogara Road, Moogara, Tasmania 7140, the sum of one hundred and thirty-six dollars and sixty-four cents ($136.64), being arrears of wages due.
P A Imlach Appearances: Date and place of hearing: 2002 1 Laureen Joy Bennett and The Wine Glass Coffee Bar Mr Malcolm Reece |