Dallow v Queensland Police Service [2004] QIRC 2 (2004) 175 QGIG 234

234 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 23 January, 2004 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 53 – application for payment instead of long service leave John Dennis Dallow AND Queensland Police Service (No. B1614 of 2003) VICE PRESIDENT LINNANE 9 January 2004 Application for payment of long service leave – application dismissed – Industrial Relations Act 1999 – s. 53. DECISION [1] This is an application by John Dallow pursuant to s. 53 of the Industrial Relations Act 1999 for payment of long service leave instead of the taking of such leave. Mr Dallow is a Sergeant 4 with the Queensland Police Service and he is currently employed in Rockhampton. [2] The basis of Mr Dallow’s application is that he is experiencing financial difficulties as for the past two years he has suffered ill health and there have been ongoing medical and pharmaceutical expenses during that time. Further, Mr Dallow states in his application that he has had to make changes to his home as a result of his illness. In addition Mr Dallow relies upon the fact that some three years ago two of his daughters underwent extensive orthodontic treatment. According to Mr Dallow these expenses have been in addition to the normal ongoing expenses such as “house repayments, rates, school expenses, car registration, car insurance/servicing, house insurance/contents payments, other family doctor/pharmaceutical expenses and the normal day-to-day household bills for food and clothing expenses”. [3] Mr Dallow is in receipt of a fortnightly gross income of $2,461.60 from the Queensland Police Service which includes the Operational Shift Allowance of $422.60 per fortnight. [4] When asked on this occasion to explain the reasons for making the application Mr Dallow responded “[i]t’s exactly the same as last time”. When asked whether he was relying on any other material other than that contained in his application, Mr Dallow responded “I don’t think so”. [5] Mr Dallow filed his current application for payment of long service leave entitlement instead of the taking of such leave on 2 October 2003. Mr Dallow had filed an earlier application on 1 August 2003 (B1248 of 2003). The current application is in identical terms to that of B1248 of 2003 except that he has added a further ground that a “review of the month of August invoices for payments shows accounts to the amount of approx. $3,318.00 (Loan Interest, Credit Card Payment & Cash) and income (pay to CBA plus direct debit to Police Credit Union) to the amount of $3,362.85. [6] B1248 of 2003 was heard on 26 August, 2003 and was adjourned on that day to 2 September 2003 to enable Mr Dallow to provide certain documentary material. On 1 September 2003 Mr Dallow wrote to the “Officer in Charge, Queensland Industrial Relations Commission” in the following terms: -- 1 of 2 -- 23 January 2004 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 235 “1. On 1 August 2003 I filed an Application for Payment of Long Service Leave with the Queensland Industrial Relations Commission (QIRC). Case No. B1248/2003 refers. 2. On 26 August 2003 a hearing was commenced, however was not completed on this date as further evidence was requested by Vice President LINNANE. The matter was adjourned until 2 September 2003 at 4.30pm. 3. I seek to withdraw my application and take no further part in these proceedings at this time.”. [7] On that basis that Mr Dallow advised that the reasons for him making this application were “exactly the same as last time” I have revisited the transcript of proceedings in Mr Dallow’s earlier application (B1248 of 2003). On that occasion Mr Dallow informed the Commission that he had been “diagnosed with arthritis just over two years ago” which had caused him “difficulties with extended sick leave” that he had taken over the last two years or so. No evidence of any loss of income from the Queensland Police Service over that two year period was given by Mr Dallow. I am aware of the Sick Leave Bank arrangements in the Queensland Police Service. Those arrangements are provided for in Schedule 9 of the Queensland Police Service Certified Agreement 4A 2002. The Operational Shift Allowance is paid whilst an officer is on sick leave and there is generally no restriction on the amount of sick leave that an officer is entitled to provided that the application for sick leave is approved by the Sick Leave Bank Consultative Committee which has union representation on it. On the evidence before me I am unable to conclude that Mr Dallow lost any income from the Queensland Police Service as a result of being diagnosed with an arthritic condition. In his evidence Mr Dallow also stated that he had been on “light duties” since being diagnosed with arthritis and that this had resulted in him not being able to work “overtime or any other extra duties to help pay for the added costs of doctors and pharmaceuticals”. Mr Dallow did not provide any evidence of loss of overtime. [8] Mr Dallow then gave evidence that, as a result of the arthritis, he had made some recent changes to his house i.e. he had converted “an upstairs laundry into a spa-type area” on the basis that his doctor had advised that this would be helpful with the arthritis. [9] When questioned what he was missing out on when he said he was now working “light duties” Mr Dallow responded by saying that prior to the illness he “was working special duties, which entails wide load escorts and those types of extra duties” which he stated was “quite lucrative”. Mr Dallow agreed that such employment was not with the Queensland Police Service and that the position was unlikely to change in the future i.e. it was not a temporary situation and he would no longer be able to perform those duties in the future because of the arthritis. [10] Mr Dallow was unable, in the course of the hearing, to provide me with details of the added expense of his arthritic condition. [11] In those circumstances I indicated to Mr Dallow that I would be prepared to make a payment of up to 100 days of his long service leave entitlement provided that I received documentary evidence of the additional costs incurred as a result of his arthritic condition i.e. the cost of the spa and its installation and the medical and pharmaceutical expenses incurred. I indicated to Mr Dallow that statements from Medicare and his medical benefits provider would suffice and/or for those expenses not covered by Medicare or his medical benefits provider, some evidence from his medical practitioner that he suffered from arthritis and that, as a result, Mr Dallow would have incurred an estimated level of medical/pharmaceutical expenses. I also indicated to Mr Dallow that he should supply some evidence of the loss of income resulting from him no longer being able to perform special duties e.g. copies of taxation returns for the years prior to and after the diagnosis of his arthritic condition. [12] As I have already indicated, Mr Dallow did not supply that documentary evidence in respect of B1248 of 2003. [13] On this occasion I also indicated to Mr Dallow that I would require documentary evidence to support his claims i.e. the documentary evidence I required in B1248 of 2003. In response to this Mr Dallow said that I had his word. I indicated that I was not prepared to make any payment unless I had documentary evidence of the expenditure of these monies. Mr Dallow indicated that he would not supply documentary evidence of this expenditure. [14] In those circumstances I dismiss the application. Order Accordingly. D.M. LINNANE, Vice President Hearing Details: 2003 31 October Appearances: Mr J. D. Dallow on his own behalf. Released: 9 January 2004 -- 2 of 2 --