Clarke v Cairns Regional Council (No. 2) [2010] QIRC 55

CITATION: Peter Raymond Clarke AND Cairns Regional Council (No. 2) (TH/2009/212) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 74 - application for reinstatement Peter Raymond Clarke AND Cairns Regional Council (No. 2) (TD/2009/212) COMMISSIONER FISHER 30 August 2010 Dismissal harsh, unjust or unreasonable - Unused sick leave - Proportionate payment long service leave - Order as determined. DECISION [1] By decision of 5 August 2010 the Commission as constituted determined that the dismissal of Mr Clarke by the Cairns Regional Council (the Council) was harsh, unjust or unreasonable. The Commission ordered that the Council pay Mr Clarke any unused sick leave and a proportionate payment for long service leave. The Council as required filed in the Registry on 18 August 2010 a document outlining the calculations in accordance with the decision. [2] Mr Clarke was provided with a copy of the calculations and given seven days from the date of lodgement to advise the Registry in writing of any dispute with the calculations. As no advice has been received from Mr Clarke the Commission accepts the calculations as made by the Council. [3] The Commission therefore orders that the Cairns Regional Council pay Peter Raymond Clarke $612.30 representing unused sick leave and $1,742.25 being proportionate payment for long service leave. Such amounts are to be taxed according to law and to be paid within 14 days of the date of release of this decision. [4] Order accordingly. G.K. FISHER, Commissioner. Released: 30 August 2010 -- 1 of 1 --