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Tasmanian Industrial Commission

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T9894

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s29 application for hearing of an industrial dispute

Todd Murray Howlett
(T9894 of 2001)

and

The Masonic Club of Tasmania Inc (in Liquidation)

 

COMMISSIONER P A IMLACH

        HOBART, 19 MARCH 2002

Industrial dispute - Licensed Clubs Award - termination of employment - severance pay - long service leave - superannuation - annual 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 Todd Murray Howlett of Bellerive.

[2] Mr Howlett 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 his employment as a result of redundancy.

[3] At the commencement of the hearing, Mr Baker and Miss C Schokman, both legal practitioners, sought and were granted leave to appear for Mr Howlett and the Club respectively.

[4] Originally Mr Howlett had claimed payment for pro-rata long service leave, annual leave, notice, superannuation and severance payments, but, subject to confirmation of settlement on all those matters, except notice and severance payment, he sought to adjourn their consideration. As to notice and severance payment, he sought an order for four weeks pay for each year of his service with the Club, plus notice.

[5] In evidence, Mr Howlett said he had commenced employment with the Club on 20 February 1989 on a three year traineeship under a registered training agreement. Eventually he took over the position of bar manager at the Club and was formally appointed as such in about 1994. Over time he took on more responsibilities in addition to the bar work. He said he only became aware, and then only informally, of the Club's financial difficulties about six months prior to the termination of his employment.

[6] After some meetings with management in June and July 2001, and taking annual leave in August 2001, Mr Howlett was called into the Club on 3 September 2001, the day before he was due to return from leave, and was told that his employment had been terminated.

[7] Since his employment termination Mr Howlett had not been able to obtain full-time work; he had secured occasional casual work. He had applied unsuccessfully for a number of other jobs. He had also endeavoured to improve his skills training, in particular with computers.

[8] 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

[9] I accept the evidence and submissions made in support of Mr Howlett's application and I am satisfied that he is entitled to a severance payment based upon the length of his service with the Club, plus a payment for lack of sufficient notice, including consideration of matters such as consultation and assistance with job applications.

[10] I determine that Mr Howlett is entitled to two weeks' pay (or part thereof) for each year of service with the Club, plus four weeks' pay in lieu of notice.

     Severance pay:

     20 February 1989 - 3 September 2001
     12.583 years x $947 (2 weeks pay):
     PLUS 4 weeks' notice
      TOTAL:

 

12.583 years
$11,916.10
$1,894.00
$13,810.10

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 21 days from the date of this decision, the Masonic Club of Tasmania Inc (in Liquidation) of Hobart, pay to Todd Murray Howlett of 39/15 Alma Street, Bellerive, 7018, the sum of thirteen thousand, eight hundred and ten dollars and ten cents ($13,810.10).

 

P A Imlach
COMMISSIONER

Appearances:
Mr R Baker, Messrs Baker Tierney & Wilson, for Todd Murray Howlett
Ms C Schokman, Messrs Piggott Wood & Baker, with Mr A Watson, B K Hamilton & Associates for The Masonic Club of Tasmania Inc

Date and place of hearing:
2002
February 26
Hobart