Benchmark WA Industrial Relations Case Database

Stephan Curr v Coates Hire Operations Pty Ltd

[2015] WAIRC 281 Single Commissioner (WAIRC) 2015-04-01 File: B 214/2014 cited 1×
Source
Chief Commissioner Beech
Cited 1×
Treatment by later cases (2)
2 neutral
Applicant: Stephan Curr
Respondent: Coates Hire Operations Pty Ltd

Ratio

The applicant was entitled to a housing allowance of $1,600 per fortnight net of tax as a term of his employment contract, and the respondent failed to provide this benefit. The matter was adjourned to allow the parties to attempt to resolve the dispute regarding the quantum and recovery of the denied benefit.

Outcome

Resolved adjourned

Authority signal

Cited 1× Signal-weighted score: 1.8
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 · 3

  • Applicant claims entitlement to a housing allowance of $1,600 per fortnight net of tax
  • The respondent employer is alleged to have denied this benefit
  • The allowance was a term of the employment contract

Factors

For
  • Employment contract contained a term for housing allowance of $1,600 per fortnight net of tax
  • The applicant was entitled to this benefit under the contract
Against

Legislation referenced

  • Industrial Relations Act 1979 (WA) s23(1)
  • Industrial Relations Act 1979 (WA) s27(1)(f)

Concept tags · 4

[P]Denied contractual benefits (WA s29(1)(b)) [S]Declaration [M]Unfair dismissal (WA) [M]Procedural fairness at dismissal stage

Subsequent treatment · 2

Cited / considered· 2

Cited
(2015) 95 WAIG WAIRC — Single Commissioner — of counsel Mr J R Brooksby of counsel and Mr N Keats of counsel and later Mr...
Cited
[2015] WAIRC 409 WAIRC — Single Commissioner — Stephan Curr v Coates Hire Operations Pty Ltd
Archived text (239 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Stephan Curr APPLICANT -v- Coates Hire Operations Pty Ltd RESPONDENT CORAM Chief Commissioner A R Beech DATE Wednesday, 1 April 2015 FILE NO/S B 214 OF 2014 CITATION NO. 2015 WAIRC 00281 Result Declaration and order issued; Application adjourned Representation Applicant Mr J Kitto of counsel and later Mr C Hershowitz of counsel Respondent Mr J R Brooksby of counsel and Mr N Keats of counsel and later Mr C Fogliani Declaration and Order HAVING HEARD Mr J Kitto of counsel and later Mr C Hershowitz of counsel for the applicant and Mr J R Brooksby of counsel and Mr N Keats of counsel and later Mr C Fogliani of counsel for the respondent, I the undersigned, having issued reasons for decision, and pursuant to the powers conferred under s 23(1) and s 27(1)(f) of the Industrial Relations Act 1979, hereby declare and order: 1. THAT Mr Curr has not been allowed by the respondent a benefit to which he is entitled under his contract of employment. 2. THAT it is a term of Mr Curr’s employment agreement that he would receive a housing allowance of $1,600 per fortnight net of tax. 3. THAT the further hearing of the application be adjourned to a date to be fixed once the parties have completed their discussions. 4. THAT the hearing may be relisted at the request of either party. Chief Commissioner A R Beech