Presley John Peters v Karntimarta Aboriginal Corporation — Benchmark

Ratio

The applicant was entitled to recover unpaid contractual salary of $70,000 for the period of his employment from 1 September 2014 to 31 August 2015. The respondent failed to meet its contractual obligation to pay the agreed salary, and the applicant's claim for the denied contractual benefit was established on the evidence.

Outcome

For applicant granted

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0

Derived from how later decisions have treated this case. Dark green = leading authority, green = positively treated, grey = neutral or sparse data, amber = caution, red = treated negatively.

Key facts · 5

Applicant was employed by the respondent from 1 September 2014 to 31 August 2015
Employment contract provided for annual salary of $70,000 per year
Applicant received no payment from the respondent during the entire year of employment
Original application named 'Kevin Fred' as respondent; order amending respondent name made 20 August 2018
Respondent failed to appear at hearing on 14 December 2018 despite proper notification by post and email

Factors

For

Employment contract evidencing agreed salary of $70,000 per year
Applicant's unchallenged evidence that no payment was received during period of employment
Clear contractual term requiring payment of specified salary
Respondent's non-appearance removed any contrary evidence or submissions

Against

Legislation referenced

Industrial Relations Act 1979 section 27

Concept tags · 5

[P]Wages — payment obligations [P]Denied contractual benefits (WA s29(1)(b)) [S]Unfair dismissal (WA) [S]Procedural fairness at dismissal stage [S]Joinder / amendment of parties

Principles · 3

articulates para 13

A respondent may be properly notified of proceedings through multiple means including registered postal mail and email sent to addresses recorded with the Australian Charities and Not-for-profit Commission, and such notification satisfies procedural requirements under section 27 of the Industrial Relations Act 1979.

articulates para 14

In the absence of a respondent from a hearing where proper notification has been established, the Commission may proceed to hear and determine the application on the basis of the applicant's evidence alone.

articulates para 19

Where an employment contract establishes a contractual entitlement to salary and the respondent employer has failed to meet that entitlement, an order requiring payment of the denied contractual benefit may be made.

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2020] FCAFC 119 Martin Jamsek; Daniel Civtanovic and Stephen Hundy (as Trustees for the...	Federal Court — Full Court	2020-07-16	For applicant	2	4
[2000] WASCA 80 Ahern v The Australian Federation of Totally and Permanently Incapacitated...	WA Court of Appeal	2000-03-31	Resolved	2	0
[2023] FWCFB 175 Application by Margaret Ellen McDonald	FWC — Full Bench	2023-09-22		2	0
[2023] FWCFB 132 Application by Dilek Ayse Henderson	FWC — Full Bench	2023-07-28		2	0
[2022] WAIRC 156 Daniel Wegener v The Trustee for Cottesloe Hotel Trust &amp	WAIRC — Single Commissioner	2022-04-14	For applicant	2	1
[2018] WAIRC 739 Jaclyn Harrop-Marriner v Tahlia Ferguson trading as Playful Ink	WAIRC — Single Commissioner	2018-09-12	For applicant	2	1
[2013] WAIRC 574 Joanna Landsheer v Morris Corporation (Wa) Pty Ltd	WAIRC — Single Commissioner	2013-08-01	Against applicant	2	1
[2025] WAIRC 00906 Reece Maxwell Hatton v O&#039	WAIRC — Single Commissioner	2025-11-05	Resolved	2	0
[2024] WAIRC 904 Denis Clune v Baba Deep Singh WA Pty Ltd	WAIRC — Single Commissioner	2024-10-15	For applicant	2	0
[2024] WAIRC 779 Ranjeet Singh v A &amp	WAIRC — Single Commissioner	2024-08-21	For applicant	2	0

Archived text (870 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2019 WAIRC 00191 CORAM :Commissioner D J Matthews HEARD : Friday, 14 December 2018 DELIVERED : THURsday, 11 APRIL 2019 FILE NO. : B 17 OF 2018 BETWEEN : Presley John Peters Applicant AND Karntimarta Aboriginal Corporation Respondent CatchWords : Contractual benefits claim - No appearance for respondent at hearing - Respondent sufficiently notified of hearing - Application granted Legislation : Industrial Relations Act 1979 section 27 Result : Application granted Representation: Counsel: Applicant : Mr P Peters Respondent : (No appearance) === REASONS FOR DECISION === ¶1 The applicant filed a notice of claim for entitlement to a benefit under a contract of employment with the Western Australian Industrial Relations Commission on 31 January 2018 which named “Kevin Fred” as the respondent. ¶2 Mr Fred was able to convince the Western Australian Industrial Relations Commission that he was not the applicant’s employer and, in fact, the applicant’s employer was the presently named respondent. ¶3 An order amending the name of the respondent was made on 20 August 2018. ¶4 A hearing between the applicant and respondent was listed for 14 December 2018. ¶5 The Western Australian Industrial Relations Commission sent a letter to the respondent’s registered postal address recorded with the Australian Charities and Not-for-profit Commission on 21 August 2018 enclosing a copy of the original application and order made 20 August 2018. The letter requested the respondent’s availability for hearing. ¶6 The Western Australian Industrial Relations Commission also sent an email to the respondent’s registered email address recorded with the Australian Charities and Not-for-profit Commission on 21 August 2018 attaching a copy of the above-mentioned letter, a copy of the original application and the order made 20 August 2018. The email requested the respondent’s availability for hearing. ¶7 During September 2018 my Associate made numerous attempts to contact the respondent by telephone, calling, variously, the phone number recorded with the Australian Charities and Not-for-profit Commission, the phone number in the original application, the mobile number used to previously contact Mr Kevin Fred and telephone numbers for the Warralong Community School. Voicemail messages were left when this was possible. ¶8 On 27 September 2018 my Associate received a telephone call from a man who informed he was speaking on behalf of the respondent and was aware of the details of the matter. He provided an email address, KarntimartaAC@gmail.com, and a postal address, P.O. Box 324, Port Hedland, WA, 6721. ¶9 On 10 October 2018 a letter and email were sent to the respondent at the above addresses. The tracking service provided by Australia Post informed the Western Australia Industrial Relations Commission that the letter had been delivered on 11 October 2018 and an email delivery receipt from “Gmail” was also received by the Western Australia Industrial Relations Commission on 10 October 2018. ¶10 On 7 November 2018 my Associate attempted to call the telephone number that had been used on 27 September 2018 and was informed the number was “not in service”. ¶11 On 8 November 2018 a notice of hearing informing the parties of the hearing date of 14 December 2018 was sent to both parties. The notice of hearing was sent via letter and email to the respondent at P.O. Box 324, Port Hedland, WA, 6721 and KarntimartaAC@gmail.com. Australia Post registered mail tracking, when checked on 10 December 2018, informed the letter was “awaiting collection”. Australia Post registered mail tracking, when checked on 12 December 2018, informed that the letter was “delivered”. An email delivery receipt was also received from “Gmail” on 8 November 2018. ¶12 A further email was sent to the respondent on 20 November 2018 confirming the hearing date of 14 December 2018 and an email delivery receipt was received from “Gmail” on 20 November 2018. ¶13 On the basis of the above I am satisfied that the respondent was notified in a proper way by the Western Australian Industrial Relations Commission of the hearing. ¶14 At the hearing I decided to proceed in the absence of the respondent as allowed by section 27(1)(d) Industrial Relations Act 1979. ¶15 At the hearing, the applicant gave evidence about, and I took into evidence as a document, an employment contract which evidences and establishes that he was employed by the respondent from 1 September 2014 on a salary of $70,000 per year. ¶16 I accept the applicant’s evidence that his employment continued with the respondent until 31 August 2015, when he brought that employment to an end for reasons he gave in evidence. ¶17 I also accept the applicant’s evidence that he received no payment from the respondent during that year of employment. I find that that was contrary to the employment contract which provided that he would have a salary of $70,000 each year. ¶18 I am satisfied that: (1) the applicant had a contractual entitlement to $70,000 per year; and (2) the respondent did not meet that contractual entitlement. ¶19 In those circumstances I was content to make an order which would have the respondent meet that contractual entitlement of the applicant. ¶20 I made an order on Tuesday, 18 December 2018 that the respondent pay to the applicant the sum of $70,000 forthwith, minus appropriate tax.