T12052
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Liquor, Hospitality and Miscellaneous Union - and Classic Video Pty Ltd trading as Video City
Appeal against a decision handed down by Commissioner T J Abey arising out of T11391 of 2004 REASONS FOR DECISION [1] Classic Video Pty Ltd trading as Video City (Video City) appealed the decision by Commissioner Abey in matter T No. 11391 of 2004. [2] Video City has advised that it does not intend to proceed with the appeal and seeks to withdraw the appeal. [3] By leave of the Commission the appeal will not proceed and is withdrawn from the matters before the Commission. [4] An appeal filed pursuant to s.70(1)(b) of the Industrial Relations Act automatically stays the decision under appeal. [5] Accordingly the advice that Video City does not wish to proceed with the appeal and the withdrawal of the appeal from the matters before the Commission allows the order of Commissioner Abey to be enforced. [6] The Full Bench confirms the order of Commissioner Abey in Matter T. No. 11391 of 2004. ORDER Pursuant to section 31 of the Industrial Relations Act 1984 I hereby order that: 1. Ms Adkins be reinstated to her former position without loss of continuity of employment for the purpose of accrued leave entitlements, such reinstatement to take effect not later than 20 April 2005, and 2. Classic Video Pty Ltd trading as Video City pay to Ms Adkins an amount equivalent to 26 weeks' wages, less an amount that may have previously been paid by way of a redundancy payment, such payment to be made within fourteen (14) days of today's date. For the purposes of this calculation the weekly wage shall be the normal weekly wage that was paid to Ms Adkins immediately prior to the termination of her employment.
P L Leary
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