IN THE TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984

SUPPLEMENTARY DECISION

APPEARANCES:

DATE AND PLACE OF HEARING:

 24 April 1990                 Hobart

This is a continuation of a long service leave matter brought to the Commission under Section 13(2) of the Act.

Mr W R Butler, a former employee of the Clarence Council, had terminated his employment and then claimed a pro-rata long service leave payment on the grounds of "domestic or other pressing necessity of such a nature as to justify the termination" in accordance with Section 8(3)(c) of the Long Service Leave Act 1976.

In a decision, dated 24 August 1989, I rejected Mr Butler's claim. That decision was taken to a Full Bench of the Commission on appeal. The Full Bench allowed the appeal, and returned the matter to me for further consideration.

Having heard the parties again, and their views on the decision of the Appeal Bench and their submissions as to what I should do as a result, I now decide that Mr Butler is entitled to a pro-rata long service leave payment on the grounds of "domestic or other pressing necessity", based upon his period of service with the Council between 10 December 1979 to 30 June 1987.

P A Imlach
COMMISSIONER