Benchmark WA Industrial Relations Case Database

S on 11 July 2013 the advised the Commission in writing that they were seeking an order for $9,829.94; AND WHEREAS having considered the written submissions from Mr G McCorry on behalf of the v from Mr S Bibby on behalf of the

(2013) 93 WAIG Single Commissioner (WAIRC) 2013-07-11
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Not yet cited by other cases
APPLICANT: S on 11 July 2013 the applicant advised the Commission in writing that they were seeking an order for $9,829.94; AND WHEREAS having considered the written submissions from Mr G McCorry on behalf of the
RESPONDENT: from Mr S Bibby on behalf of the
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 5

[S]Unfair dismissal (WA) [S]Unfair dismissal (federal) [S]Wages — payment obligations [S]Reinstatement [S]Compensation for unfair dismissal

Cases cited in this decision · 1

Cited
[2013] WAIRC 716 — Michael Patrick O'Meara v John Paul College
"…er 19 weeks’ remuneration less the sum of $4,750 being the wages received in the period since the termination. The respondent to pay the sum of $4,474.90 gross within 30 days of the date of this order issuing. (Sgd.)...…"
Archived text (307 words)
Western Australian Industrial Relations Commission (the Commission) issued in its Reasons for Decision in this matter that Mr Miller (the applicant) had been unfairly dismissed from his employment with Wheatbelt Individual & Family Support Association Inc. (the respondent) and that the applicant was entitled to be paid 19 weeks’ remuneration as compensation; AND WHEREAS the applicant's representative and the respondent's representative were required to confer within seven days of the Reasons for Decision issuing as to the appropriate amount to be paid to the applicant; AND WHEREAS on 11 July 2013 the respondent advised the Commission in writing that the applicant's contracted weekly rate of pay was $392.80 per week, hence an amount of $8,964.20 gross was owed; AND WHEREAS on 11 July 2013 the applicant advised the Commission in writing that they were seeking an order for $9,829.94; AND WHEREAS having considered the written submissions from Mr G McCorry on behalf of the applicant and from Mr S Bibby on behalf of the respondent; NOW the Commission considers the compensation for Mr Miller ought include in addition to the 20 hours per week; an average of 3.5 hours at the casual rate per week and, for 14 of the 19 weeks’ compensation, a 3.4% increase based on the 2012 State Wage Case (92 WAIG 568). The Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby: 1. DECLARES THAT the dismissal of Mr Miller by the respondent was unfair and that reinstatement or re- employment is impracticable. 2. ORDERS THAT the respondent pay Mr Miller 19 weeks’ remuneration less the sum of $4,750 being the wages received in the period since the termination. The respondent to pay the sum of $4,474.90 gross within 30 days of the date of this order issuing. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2013 WAIRC 00716