T10013 - 19 March 2002
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Julie Margaret Richards and The Masonic Club of Tasmania Inc (in Liquidation)
Industrial dispute - Licensed Clubs Award - termination of employment - severance pay - long service leave - order REASONS FOR DECISION [1] This was an application for a dispute hearing made under Section 29(1A) of the Industrial Relations Act 1984 (the Act) by Mrs Julie Margaret Richards of Mornington. [2] Mrs Richards was in dispute with the Masonic Club of Tasmania Inc (in Liquidation) of Hobart (the Club) over the alleged non-payment of severance pay in respect of the termination of her employment as a result of redundancy. She also sought a long service leave payment. [3] At the commencement of the hearing, Mr R Baker and Miss C Schokman, both legal practitioners, sought and were granted leave to appear for Mrs Richards and the Club respectively. [4] Mrs Richards claimed payment for lack of notice of termination of employment plus payment for severance of four weeks pay for each year of service with the Club. Subject to confirmation of a settlement, her claim for a long service leave payment was adjourned. [5] Mrs Richards said in evidence she had commenced employment with the Club around 9 August 1990. She was employed on a permanent part-time basis as a guest service employee grade 1 in accordance with the Licensed Clubs Award. Mrs Richards' employment was terminated on 9 September 2001 without notice. [6] Since her employment termination Mrs Richards had not been well and had not sought other work, but, said she would be looking for work. On account of her age she expected that work would be hard to get. [7] The Club took no objection to the evidence put before the Commission, but, submitted that the Commission should take into consideration the fact that it was in liquidation and hence bound to accept the reasonable decision of the Commission in this matter. The Club referred to Federal standards for redundancy plus other payments available under Commonwealth law. Findings [8] I accept the evidence and submissions made in support of Mrs Richards' application and I am satisfied that she is entitled to a severance payment based upon the length of her service with the Club, plus a payment for lack of sufficient notice, including consideration of matters such as consultation and assistance with job applications. [9] I determine that Mrs Richards is entitled to two weeks pay for each year of service with the Club or part thereof, plus four weeks' pay in lieu of notice.
Order 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 twenty-one days from the date of this decision, the Masonic Club of Tasmania Inc (in liquidation) of Hobart, pay to Julie Margaret Richards of Miley Place, Mornington, Tas 7015, the sum of six thousand, two hundred and fifty-seven dollars and thirty-four cents ($6,257.34).
P A Imlach Appearances: Date and place of hearing: |