Bolton v Sacco Pty Ltd T/A Rite Price Distributors [2007] QIRC 19 (2007) 184 QGIG 141

[Extract from Queensland Government Industrial Gazette, dated 9 March, 2007, Vol. 184, No. 10, pages 141-142] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 74 - application for reinstatement Stoward John Bolton AND Sacco Pty Ltd T/A Rite Price Distributors (TD/2006/377) COMMISSIONER BECHLY 28 February 2007 DECISION Mr Stoward John Bolton seeks redress for unjust dismissal from employment with Sacco Pty Ltd T/A Rite Price Distributors. Mr Bolton's employment was terminated in early May 2006. The respondent states in the Employment Separation Certificate that the last day worked was 3 May 2006. The applicant states that the last day worked was 5 May 2006. The application was filed on 5 June 2006, outside the twenty-one day period prescribed for filing such applications. An extension of time is necessary to enable the matter to proceed. The respondent issued the Employment Separation Certificate on 18 May 2006. The applicant's evidence is that this is the first time that he was aware of the allegations made against him. The respondent has not attended conference or any of the proceedings nor provided a response to any of the issues raised in this matter. I am satisfied on the evidence that all appropriate measures were taken by the applicant to serve the necessary documentation on the respondent and that it was or should have been aware of all the conferences and hearings proceedings about the matter. Extension of time within which to file the application is granted, that being to 5 June 2006. The respondent has not sought to provide any evidence in rebuttal to the sworn statements and oral evidence provided by the applicant. The applicant's evidence is such to enable me to reach a conclusion that the termination of employment was carried out in a harsh and unjust manner and based upon allegations which, on the evidence, have no foundation. Reinstatement is impracticable. The remedy then is compensation. Mr Bolton secured alternative employment some ten weeks after the termination. I take this into account in determining the compensation payable. The applicant's loss of income was $7,307.69 for the period of ten weeks that he was unemployed following the dismissal. This is an appropriate amount to set as compensation. The respondent Sacco Pty Ltd T/A Rite Price Distributors is ordered to pay the sum of $7,307.69, taxed according to law, to Mr Stoward John Bolton within twenty-one days of the release of this decision. Order accordingly. R.E. BECHLY, Commissioner. Hearing Details: 2007 5 February 22 February (written submission) Appearances: Mr S. Bolton on his own behalf. No appearance for the respondent. Released: 28 February 2007 Government Printer, Queensland The State of Queensland 2007. -- 1 of 1 --