T12684
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Garin Dadson and Omega Computer Industries Pty Ltd, (In Liquidation),
Industrial dispute - severance pay in respect of termination of employment as a result of redundancy - application dismissed REASONS FOR DECISION [1] On 2 June 2006, Garin Dadson (the applicant) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of an industrial dispute with Omega Computer Industries Pty Ltd (the respondent), (In Liquidation), (AR Yeo & GM Rambaldi as Joint and Several Liquidators) ABN: 37 006 768 734, Pitcher Partners (Liquidators) re severance pay in respect of termination of employment as a result of redundancy. [2] The matter was listed for hearing on 29 June 2006 (Conciliation Conference) at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania. [3] The applicant was employed by the respondent from 6 May 2003, until he was made redundant on 19 December 2005. The respondent has gone into liquidation and is being administered by (AR Yeo & GM Rambaldi as Joint and Several Liquidators) ABN: 37 006 768 734, Pitcher Partners (Liquidators). [4] The applicant represented himself. The respondent did not attend the hearing (Conciliation Conference). [5] The applicant claimed he was made redundant on or about the 19 December 2005 and that the liquidators for the respondent deemed he was not entitled to redundancy. [6] On 29 June 2006, a written submission was provided to the Commission by Pitcher Partners, Accountants Auditors & Advisors, (the Liquidators) on behalf of the respondent. [7] In it's written submission the liquidators stated in part:
[8] And:
FINDINGS [9] I draw the Liquidator's attention to s.29(1A) of the Act, as it had effect at the time of termination:
[10] There is indeed provision "in legislation" for this Commission to award severance pay. [11] However, I turn to s.500(2) of the Corporations Act 2001, which states:
[12] In his decision in Watervale Pty Ltd (in liquidation) v Abey, Tim, a Commissioner of the Tasmanian Industrial Commission & Manning1, Crawford J found at paragraph 18 of his Reasons for Judgment:
[13] I have relied on the reasoning in this authority. [14] I conclude that until a Court, as defined in the Corporations Act 2001 at s.58AA, having first given leave this Commission does not have jurisdiction in this matter, and I so find. [15] The application is dismissed.
James P McAlpine Appearances: Date and Place of Hearing: 1 [2005] TASSC 67
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