Thrift, Gina v Claredale Enterprises Pty Ltd [1997] FCA 1583

Thrift, Gina v Claredale Enterprises Pty Ltd [1997] FCA 1583

The Applicant was employed as a casual slicer performing duties covered by the Baking and Pastrycooking Industry Northern Territory Award 1985, was paid only $10 per hour, and the affidavit evidence established underpayment of award wages. The Respondent did not appear to contest the evidence, and its filed defence was not accepted. The Applicant was therefore entitled to $5,282.04 inclusive of interest.

Jurisdiction
Australia
Judgment Date
03 June 1997
Procedural Posture
Employment Law Application for Underpayment of Wages Under the Workplace Relations Act / Ex Tempore Judgment and Order
Outcome
Application allowed; Respondent ordered to pay the Applicant $5,282.04 inclusive of interest within 14 days, with no order as to costs.
Legal Topics
['underpayment of Wages' 'common Rule Award' 'casual Employment' 'interest']
['employment Law' 'industrial Law'] ['underpayment of Wages' 'common Rule Award' 'casual Employment' 'interest']

Case Brief

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Procedural Posture

Employment Law Application for Underpayment of Wages Under the Workplace Relations Act / Ex Tempore Judgment and Order

Legal Issues

  1. 1 ['Whether the Applicant was underpaid during her employment with the Respondent under the Baking and Pastrycooking Industry Northern Territory Award 1985.' 'Whether the Applicant was a casual employee performing duties covered by the Award.' 'Whether the Applicant was entitled to interest on the underpaid wages.']

Ratio Decidendi

The Applicant was employed as a casual slicer performing duties covered by the Baking and Pastrycooking Industry Northern Territory Award 1985, was paid only $10 per hour, and the affidavit evidence established underpayment of award wages. The Respondent did not appear to contest the evidence, and its filed defence was not accepted. The Applicant was therefore entitled to $5,282.04 inclusive of interest.

Court Disposition

Application allowed; Respondent ordered to pay the Applicant $5,282.04 inclusive of interest within 14 days, with no order as to costs.

Orders

  • ['The Respondent pay to the Applicant the sum of $5282.04 inclusive of interest within 14 days.' 'No order as to costs.']