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Tasmanian Industrial Commission

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T2075

 

IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

 

T2075 of 1989 A REFERRAL BY THE SECRETARY FOR LABOUR PURSUANT TO SECTION 13(2) OF THE LONG SERVICE LEAVE ACT 1976 FOR HEARING OF A DISPUTE BETWEEN MR. CHARLES JOSEPH AND TASMANIAN TIMBER ENGINEERING PTY LTD  

RE: PRO RATA LONG SERVICE LEAVE

 

COMMISSIONER R J WATLING HOBART, 6 November 1989
REASONS FOR DECISION
APPEARANCES:
For The Australian Timber Workers' Union No. 6
Tasmanian Branch
- Mr R Smith with
  Mr G Cooper and
  Mr C Joseph
For Tasmanian Timber Engineering Pty Ltd - Mr K Brotherson (25.10.89)
- Mr W Fitzgerald (30.10.89)
  with Mr C T Ward
For the Department of Labour and Industry - Mr L Smythe
DATES AND PLACE OF HEARING:
25 October 1989            Hobart
30 October 1989            Hobart

This matter was referred to the President of the Commission by the Department of Labour and Industry pursuant to the provisions of Section 13(2) of the Long Service Leave Act 1976.

The application referred to me for hearing and determination was an unresolved long service leave dispute between Mr Charles Joseph of Pass Road, Mornington (the employee) and Tasmanian Timber Engineering Pty Ltd (the employer).

The hearing commenced on 25 October 1989 at which time the Inspecting Officer for the Department of Labour and Industry presented a report of his findings having investigated the circumstances of the dispute.

The claim made by the employee was for pro rata long service leave pursuant to Section 8(3)(d) of the Act. That section refers to an employee whose employment is terminated by his employer for any reason other than the serious and wilful misconduct of the employee.

The hearing proceeded by way of sworn evidence from both sides and upon resumption of the matter on 30 October 1989, I ordered the parties into conference and at a later hour they reported the dispute had been resolved to their mutual satisfaction. They then requested the file on this matter be closed.

At the request of the parties to the dispute, I intend closing this matter having been informed the dispute no longer exists and therefore nothing for me to determine.

This file is now closed.

 

R J Watling
COMMISSIONER