T9769 - 18 June 2002
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Secretary, Department of Infrastructure, Energy and Resources and Netcraft Pty Ltd ACN 009 567 033
Long service leave dispute - alleged wilful misconduct - pro rata entitlement - correction order REASONS FOR FURTHER DECISION [1] This was an application to the President for a dispute hearing made under Section 13 of the Long Service Leave Act 1976 by the Secretary, Department of Infrastructure, Energy and Resources, Workplace Standards, Tasmania (the Secretary). The President referred the matter to me for hearing. [2] The employee concerned, Patricia Gaye Cox, now of Kununurra in Western Australia (the employee), had her employment terminated by Netcraft Pty Ltd (ACN 009 567 033) of 61 Bundalla Road, Margate (the Company) on 20 September 2000, on the grounds of alleged serious and wilful misconduct. The employee commenced employment with the Company on 5 June 1988. [3] On 29 November 2001, having conducted a hearing, I issued a decision in the application and an order against the Company for payment of an amount of $5,608.88. [4] Due to a mistake in the order, whereby I relied on Section 31(1) of the Industrial Relations Act 1984 to make the order, it was found to be unenforceable. [5] On 13 June 2002, at the request of the Secretary, I reconvened the hearing of this application so as to hear submissions as to why a corrected order should or should not be issued. [6] At the hearing the Secretary presented written submissions (now incorporated in the record) as to why a corrected order should be issued and the Company, represented by the Tasmanian Chamber of Commerce and Industry Limited, being aware of the Secretary's submissions, advised that it accepted the submissions and consented to the correction order being made. [7] I have read the submissions of the Secretary and I accept the submissions of the parties. A correction order will be issued in the terms submitted by the Secretary, operative from the date of this decision. Correction Order I hereby order, pursuant to Section 13(3) of the Long Service Leave Act 1976, that within twenty-eight days from the date of this decision, Netcraft Pty Ltd (ACN 009 567 033) of 61 Bundalla Road, Margate, Tasmania 7054, pay Patricia Gaye Cox, PO Box 373, Kununurra, WA 6743, the sum of five thousand, six hundred and eight dollars and eighty-eight cents ($5,608.88) being a pro rata entitlement under the Long Service Leave Act 1976.
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