T13369
TASMANIAN INDUSTRIAL COMMISSIONIndustrial Relations Act 1984
and Darko Krajinovic
[2] A hearing commenced at Hobart on 10 March 2009. On that occasion Ms Pouwelse represented herself. There was no appearance on the part of the employer. The matter was adjourned until 24 March 2009 and the employer was advised by correspondence dated 16 March that if he did not appear then the matter would proceed in his absence. [3] On 24 March the applicant appeared but there was, again, no appearance on behalf of the employer. I am satisfied that the Notices of Hearing were properly served by mail and were not returned to the sender. [4] A transcript of the proceedings of 24 March 2009 was sent to the employer, together with correspondence inviting him to make written submissions before 17 April 2009. No such submission has been received. There has been no correspondence from the employer. [5] The application concerns a claim for underpayment of wages for work the applicant performed as a cleaner from 14 June until 18 October 2007. She was employed to clean at Coles and at Woolworths stores seven days per week, including public holidays. She commenced at Coles and 1am and then went to Woolworths at 3am. She claims that she was not paid for three weeks’ work. She unsuccessfully attempted to obtain payment directly from Mr Krajinovic, following which she sought the assistance of Workplace Standards Tasmania, who, she says, spent 12 months trying to assist her but were unable to recover the money from the Mr Krajinovic. [6] Workplace Standards informed Ms Pouwelse that in addition to the failure to pay her the three weeks’ wage she had also been underpaid on the occasions when Mr Krajinovic did pay her. [7] The details of the claim were provided in the form of a spreadsheet prepared by Workplace Standards. The start and finish times were based on a diary record which was provided to Workplace Standards and to the Commission, Exhibit A1. [8] In the absence of any evidence or submissions to the contrary, I find that the calculations prepared by Workplace Standards are correct and represent underpayment of wages based on the provisions of the Cleaning and Property Services Award Grade 1 casual employee. ORDER I hereby Order, pursuant to s.31 of the Industrial Relations Act 1984, in full and final settlement of the matter referred to in T13369 of 2009 that Darko Krajinovic pay to Debbie Maree Pouwelse the sum of Seven Thousand Six Hundred and Thirty Four Dollars and Eighty Five Cents by close of business on 27 May 2009.
P C Shelley Appearances: Date and place of hearing: |