Alexander (for Humphreys) v A. & S. Williams trading as EsplanadeTravel, Mooloolaba [2002] QIRC 32 (2002) 169 QGIG 271

28 March, 2002 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 271 ######################################################################################################################### ## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 278 – order for payment of wages Stephen Alexander (for Valerie Humphreys) AND A. & S. Williams trading as EsplanadeTravel, Mooloolaba (No. W238 of 2001) COMMISSIONER FISHER 18 March 2002 Application for unpaid wages – termination payment – public holidays – payment ordered – s. 278 of Industrial Relations Act 1999. DECISION This is an application under s. 278(3) of the Industrial Relations Act 1999 that Albert Williams and Susanne Williams who traded as Esplanade Travel, Mooloolaba, pay unpaid wages of $2, 411.55 to Valerie Ina Humphreys. The amount of unpaid wages represents four weeks’ notice owing on termination plus payment for two public holidays that fell during Ms Humphreys’ four weeks’ annual leave. Mr Haycroft, who appeared for the respondents, conceded that four weeks’ notice was owing to Ms Humphreys. Given this admission, the Commission decided that it would be more expedient to determine the balance of the claim without the need for a formal hearing, but allowed the parties to offer comment about the position. In effect Mr Haycroft left the matter to the Commission’s determination. Ms Humphreys took six weeks’ leave commencing 3 June 2001 and concluding on 12 July 2001. The first four weeks were taken as annual leave and the last two weeks were agreed unpaid leave. Two public holidays fell during the annual leave: Queen’s Birthday on 4 June 2001 and Picnic Day on 8 June 2001. (The Commission understands Picnic Day to mean the local Show Holiday. In any event there is no dispute that two public holidays fell during the period of paid leave.). It is more common when public holidays fall during annual leave to reduce the number of annual leave days to be taken or to add the equivalent number of public holidays that fall during the period of leave to the amount of the annual leave. For example, where two public holidays fall during four weeks’ annual leave, it would be usual to take the two public holidays and 18 days annual leave to make an absence of 20 days or take 20 days annual leave plus two days making a total period of absence of 22 days. If the later scenario occurred in the case of Ms Humphreys, her period of unpaid leave would have been reduced from ten days to eight days. None of these applied in the case of Ms Humphreys. It remains then that Ms Humphreys was denied paid time off for the two public holidays that fell during her period of annual leave and hence is owed payment for them. Accordingly, the Commission orders that:- -- 1 of 2 -- 272 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 28 March, 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. . G.K. FISHER, Commissioner. Appearances:– Released: 18 March 2002 Mr S. Alexander of Carroll Alexander and Associates for the applicant. Mr G. Haycroft on behalf of the respondent. -- 2 of 2 --