Schofield, R. v De Romanis & Anor [1981] FCA 41

Schofield, R. v De Romanis & Anor [1981] FCA 41

The Court accepted Pietro Gulla's evidence over that of the respondents on the central factual disputes concerning hours worked, duties performed and payments received. On that basis, Gulla was found to have been a general butcher, to have worked the hours he described, and to have received no more than the amounts he stated. The respondents therefore breached the Federal Meat Industry (Interim) Award, 1962 as varied by failing to pay prescribed award wages and by failing to pay one week's salary in lieu of notice of termination. The wage breaches arose out of a course of conduct and were treated as a single breach.

Jurisdiction
Australia
Judgment Date
15 April 1981
Procedural Posture
Application Under S.119 of the Conciliation and Arbitration Act, 1904 for Imposition of Penalties for Alleged Breaches of the Federal Meat Industry (interim) Award, 1962 as Varied / Reasons for Judgment and Final Orders
Outcome
Application allowed; breaches found; penalties imposed; order made for payment of underpaid amounts to Pietro Gulla.
Legal Topics
['non Observance of Award' 'failure to Pay Award Wages' "failure to Pay One Week's Salary in Lieu of Notice of Termination" 'employee Classification' 'course of Conduct Treated as Single Breach']
['industrial Law' 'employment Law'] ['non Observance of Award' 'failure to Pay Award Wages' "failure to Pay One Week's Salary in Lieu of Notice of Termination" 'employee Classification' 'course of Conduct Treated as Single Breach']

Case Brief

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Procedural Posture

Application Under S.119 of the Conciliation and Arbitration Act, 1904 for Imposition of Penalties for Alleged Breaches of the Federal Meat Industry (interim) Award, 1962 as Varied / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the respondents failed to pay Pietro Gulla the wages prescribed by the Federal Meat Industry (Interim) Award, 1962 as varied.' 'Whether Pietro Gulla was properly classified as a boner or as a general butcher under the award.' 'What hours Pietro Gulla worked and what payments he in fact received.' "Whether the respondents failed to pay Pietro Gulla one week's salary in lieu of notice of termination." 'Whether the wage underpayment breaches arose out of a course of conduct and should be treated as a single breach.' 'Whether an order should be made for payment of amounts underpaid to Pietro Gulla.']

Ratio Decidendi

The Court accepted Pietro Gulla's evidence over that of the respondents on the central factual disputes concerning hours worked, duties performed and payments received. On that basis, Gulla was found to have been a general butcher, to have worked the hours he described, and to have received no more than the amounts he stated. The respondents therefore breached the Federal Meat Industry (Interim) Award, 1962 as varied by failing to pay prescribed award wages and by failing to pay one week's salary in lieu of notice of termination. The wage breaches arose out of a course of conduct and were treated as a single breach.

Court Disposition

Application allowed; breaches found; penalties imposed; order made for payment of underpaid amounts to Pietro Gulla.

Orders

  • ['The Court finds that the respondents committed breaches of the Federal Meat Industry (Interim) Award 1962, as varied, in that they failed to pay to Pietro Gulla the wages prescribed by that award.' "The Court finds that the respondents committed a breach of the Federal Meat Industry (Interim) Award 1962, as...