Cameron v Smith [2009] ICQ 34 (2009) 191 QGIG 18

[Extract from Queensland Government Industrial Gazette, dated 15 May, 2009, Vol. 191, No. 2, page 18] INDUSTRIAL COURT OF QUEENSLAND Industrial Relations Act 1999 - s. 248 - application for prerogative orders Jo-Anne Mary Cameron AND Brian Smith (C/2009/19) PRESIDENT HALL 1 May 2009 REPORT ON DECISION (as edited) In giving a Decision from the Bench on 30 April 2009, the President said: "By a claim made before a Justice of the Peace at Townsville on 5 December 2008, Daniel Joseph Killoran instituted proceedings under s. 399 of the Industrial Relations Act 1999 (the Act) seeking to recover certain unpaid wages said to have been due and payable by Sarina Jane McEvoy. The matter came before an Industrial Magistrate at Townsville on the 10 February 2009. Ms McEvoy did not appear. The Industrial Magistrate convicted Ms McEvoy of an offence against s. 661(1)(a) of the Act and imposed a fine of $750.00. His Honour ordered Ms McEvoy to pay $4,212.21 by way of arrears of wages and $71.70 by way of costs of Court. Ms McEvoy had not been charged with an offence against s. 666(1)(a) of the Act. The Industrial Magistrate had no jurisdiction to embark on the course which his Honour took. It is apparent from the Bench Sheet that an error has been made and that the Industrial Magistrate simply misunderstood the nature of the application which was before him. In all the circumstances, pursuant to s. 248 of the Act, I quash the Orders made by the Industrial Magistrate. In lieu thereof, I order that Ms McEvoy pay to the Department of Industrial Relations, on behalf of Renee Anne Stirling, the sum of $4,212.21.". Dated 1 May 2009. By the Court, [L.S.] G.D. SAVILL, Industrial Registrar. Released: 1 May 2009 Appearances: Ms J.M. Cameron, the Applicant in person. No appearance for the Respondent. Government Printer, Queensland The State of Queensland 2009. -- 1 of 1 --