Alexander (for Humphreys) v A. & S. Williams t/a EsplanadeTravel, Mooloolaba [2002] QIRC 60 (2002) 169 QGIG 811

26 April, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 811 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 278 – order for payment of wages Stephen Alexander (for Valerie Humphreys) AND A. & S. Williams t/a EsplanadeTravel, Mooloolaba (No. W238 of 2001) COMMISSIONER FISHER 17 April 2002 Application for unpaid wages – previous decision – Respondent requests staged payment – Applicant rejects offer – Commission provides amended order. DECISION In my decision of 18 March 2002 (2002) 169 QGIG 271 the following order was made:– -- 1 of 2 -- 812 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 26 April, 2002 “1. Albert G. Williams and Susanne J. Williams who traded as Esplanade Travel pay to Valerie Ina Humphreys unpaid wages in the sum of $2,411.55. 2. Albert G. Williams and Susanne J. Williams be jointly and severally liable for payment of the sum ordered. 3. Such amount be paid within 22 days of the date of release of this Order.”. Subsequent to the issue of the order, the Commission received correspondence from Mr Albert G. Williams, one of the joint respondents in this matter. In that correspondence dated 25 March 2002, Mr Williams stated that due to various circumstances he and Ms Williams are unable to pay the lump sum awarded and requested to pay off the amount at the rate of $50 per month. Mr Stephen Alexander, representing the applicant, was contacted regarding this request. The response from the applicant was to reject the offer of $50 per month payment and request the issue of a certificate to allow Ms Humphries to proceed to enforce the existing order in the Magistrates Court. The Commission has reviewed the issues on the basis of the correspondence received. The Commission believes that the period sought by the respondents is excessive but in the circumstances considers a longer period of time should be provided in which to pay the amount owing. The Commission does not consider the period now ordered is so extensive as to significantly disadvantage the applicant. The amended order also provides a mechanism whereby the applicant can be paid the whole of the amount owing in the event the respondents default. Accordingly the order will be amended to provide as follows:– “1. Albert G. Williams and Susanne J. Williams who traded as Esplanade Travel pay to Valerie Ina Humphreys unpaid wages in the sum of $2,411.55. 2. Albert G. Williams and Susanne J. Williams be jointly and severally liable for payment of the sum ordered. 3. The amount shall be paid in instalments of $300 per month. The first payment of $300 is to be paid on Monday, 6 May 2002, with a further six payments to be paid on the first Monday of each subsequent month. The residual amount is to be paid on Monday 2 December 2002. 4. If there be a default in any one instalment then the full balance shall be due and payable immediately.”. The Commission orders accordingly. G.K. FISHER, Commissioner. Appearances:– Mr S. Alexander of Carroll Alexander and Associates for the applicant. Mr A.G. & Ms S.J. Williams acting on their own behalf. -- 2 of 2 --