Cox (Dagostino) v Worth (Brasserie) [2003] QIRC 64 (2003) 173 QGIG 4

4 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 9 May, 2003 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 278 – application to recover unpaid wages David Francis Cox (Sharon Lee Dagostino) AND Wendy Ann Worth (Chayz Brasserie) (No. W12 of 2002) COMMISSIONER BECHLY 28 April 2003 Wages claim – Hearing – Respondent failed to attend – Evidence – Granted. DECISION This matter was heard at the Department of Industrial Relations premises at Southport at 10 a.m. on Tuesday 8 April 2003. The application is made by Mr David Francis Cox, Industrial Inspector on behalf of an employee, Sharon Lee Dagostino, against former employer Ms Wendy Ann Worth (Chayz Brasserie). Prior to the hearing on that date respondent Ms Wendy Anne Worth communicated both by telephone and facsimile with the Registry and advised that she was unable to attend the hearing due to (sudden) ill health but requesting that the matter proceed in her absence. She advised that notwithstanding her objection to the assessment as to unpaid wages she had made offers of staggered payment of the amount sought, this was rejected by the employee. The amount involved is $540.05 and related to a period of employment from 16 September to 11 October 2000. Evidence was provided by Inspector Linley Isobel Ahern who interviewed the respondent and by the employee concerned, Ms Dagostino. Notwithstanding the various issues raised by the respondent in writing, in the absence of challenge to the Sworn evidence of the witness at the hearing, I must accept that evidence as the basis for deciding the matter. The employee was employed as a casual Food and Beverage Attendant Grade 2 under the terms of the Clubs Etc. Employees’ Award – South East Queensland. The correct earnings as assessed by Inspector Ahern would have been $1,240.05 whereas the employee was paid a total of $700.00. I find on a consideration of the material before me, that Ms Wendy Ann Worth has underpaid the applicant Sharon Lee Dagostino the sum of $540.05. A formal Order has been issued as to this amount. -- 1 of 2 -- 9 May, 2003 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 5 Ms Worth has sought time to pay. I am informed that a payment of some $40.00 per month was proposed. The total amount involved is relatively small. This matter has been ongoing for some time. The hearing was delayed on one occasion to accommodate an overseas holiday, a gift to the respondent. In all the circumstances I am not convinced that the payment should be made by part payments. An order was issued on 8 April 2003 requiring payment of $540.05 within 30 days of its release to the parties. R.E. BECHLY, Commissioner. Appearances: Mr D. Cox on behalf of the applicant. Hearing Details: 2003 8 April Released: 29 April 2003 -- 2 of 2 --