IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

It is a fundamental requirement of any aggrieved person seeking to reverse a decision of a Commissioner sitting alone that the onus of proof rests upon the appellant to demonstrate that -

1. The decision appealed against was not reasonably open to the Commissioner on the evidence presented during the original hearing;

2. The Commissioner allowed extraneous or irrelevant matters to guide or affect him;

3. The Commissioner mistook the facts; or

4. The Commissioner did not take into account some important material consideration.

In this case we have not been persuaded that the appellant has discharged the onus put upon him in bringing this appeal before us. Moreover, there is no question that Section 51(3) of the Industrial Relations Act 1984 prevents an employer from deducting from monies due to an employee any amount not authorised by the employee concerned, or required to be deducted in accordance with the provisions of an Act of Parliament.

In the circumstances we have no alternative but to disallow the appeal.