Department of Industrial Relations v Tick Tock Australia Pty Ltd [2001] QIRC 92 (2001) 167 QGIG 203

29 June, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 203 ######################################################################################################################### ## QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 278 – unpaid wages Department of Industrial Relations AND Tick Tock Australia Pty Ltd (No. W99 of 2001) COMMISSIONER ASBURY 20 June 2001 REPORT ON DECISION (as edited) In giving her decision from the Bench on 19 June 2001, Commissioner Asbury stated:– “Having heard from the parties in relation to this matter and having considered the application, including the sworn statement which is appended to it and having heard the submission of Mr Reid, I am now in a position to issue a decision. The respondent claims that the applicant has been paid a bonus, that the bonus was unauthorised and was in effect an overpayment. The respondent is also unable to state the purposes for which the bonus was paid. The respondent contends that the annual leave entitlements of the applicant should be offset by the overpayment. The law in relation to such payments and the ability of employers to offset those payments against award and other entitlements, is well established and most recently was stated by the President in Haggarty Group Pty Ltd v Justin Wallace, Case No. C69 of 2000 and Justin Wallace v Haggarty Group Pty Ltd, Case No. C70 of 2000. The law is very clearly, that amounts which are overpaid cannot be offset in the manner which the respondent claims. The only way in which any amount can be argued to be offset, is where it was paid for exactly the same purpose as the applicant claims. In a situation where the respondent is unable to say what the purpose of the bonus was, I am unable to be satisfied that the bonus should be allowed to be offset against a statutory entitlement to annual leave. Accordingly I order that the respondent in this matter, Tick Tock Australia Pty Ltd, pay to the applicant the amount of $1,120.54 and that that amount be payable within 21 days of the release of this decision, which is 21 days from today’s date. The Commission is adjourned.”. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Released: 20 June 2001 Appearances:– Mr D. Powell for the Department of Industrial Relations. Mr M. Reid for Tick Tock Australia Pty Ltd. -- 1 of 1 --