TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.15 referral of long service leave dispute
pursuant to the Long Service Leave Act 1976

Mrs Nannette Gayle Parsell
(T10256 of 2002)

and

Hymark Pty Ltd trading as Hymark Furniture

Long service leave dispute - pro rata entitlement - domestic or other pressing necessity - continuous employment - consent Order

ORDER BY CONSENT

[1] This application was made by the Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania, pursuant to s.13 of the Long Service Leave Act 1976 (the Act) for a hearing to settle a dispute concerning the non-payment of pro rata long service leave.

[2] The dispute was between Mrs Nannette Gayle Parsell and Hymark Pty Ltd trading as Hymark Furniture (the employer).

[3] Mrs Parsell was employed by the employer at 42 Lindsay Street, Launceston in Tasmania as a seamstress.

[4] At the commencement of the hearing, Mr G Williams sought leave to amend the report on the investigation provided to the Commission and tendered a replacement page. That request was granted.

[5] On 27 April 2001 Mrs Parsell terminated her employment to raise her two children and as a result she claimed an entitlement to the payment for long service leave pursuant to s.8(2)(b) of the Act, for the reasons specified in Section 8(3)(c) below:

"(c) an employee who terminates her employment on account of incapacity or domestic or other pressing necessity of such a nature as to justify the termination of that employment;"

[6] The hearing commenced by way of a conference between the Commission and the parties.

[7] When the hearing reconvened at a later hour that day, the parties informed the Commission that the dispute had been settled and they requested the following Order be issued with their consent.

ORDER:

Given that request, and pursuant to Section 13(3) of the Long Service Leave Act 1976, I hereby Order Hymark Pty Ltd trading as Hymark Furniture of 42 Lindsay Street, Launceston, Tasmania pay to Mrs Nannette Gayle Parsell of 15 Hume Street, Mayfield, Tasmania the sum of three thousand five hundred dollars ($3,500.00) being for pro rata long service leave entitlement.

This amount shall be paid no later than the close of business on 23 July 2002.

This Order is in full and final settlement of the Long Service Leave entitlement dispute stated in application T10256 of 2002.

R J Watling
DEPUTY PRESIDENT

Appearances:
Mr G Williams with Inspector J Fox for the Department of Infrastructure, Energy and Resources, Workplace Standards Tasmania
Mrs Nannette Gayle Parsell for herself
Mr A Cameron, Tasmanian Chamber of Commerce and Industry Limited. With Mr S Foot-Hill for Hymark Pty Ltd trading as Hymark Furniture

Date and place of hearing:
2002
July 19
Launceston