Ma v Australian Super Star Industrial Pty Ltd & Anor [2003] FCA 1182

Ma v Australian Super Star Industrial Pty Ltd & Anor [2003] FCA 1182

The Court was satisfied that the respondents received notice of the proceedings, that the Commission had ordered payment of $3,150 and it remained unpaid, and that the applicant had an accrued annual leave entitlement of 26.41 days at $19.60 per hour, producing $4,141.08; judgment was therefore entered for those sums with fixed interest.

Jurisdiction
Australia
Judgment Date
28 July 2003
Procedural Posture
Application to Enforce an Australian Industrial Relations Commission Order and Claim Unpaid Annual Leave / Judgment After Respondents Did Not Appear
Outcome
Judgment for the applicant against the respondents.
Legal Topics
['enforcement of Australian Industrial Relations Commission Order' 'unfair Dismissal Compensation' 'unpaid Annual Leave' 'service and Notice of Proceedings' 'interest to Date of Judgment']
['employment Law' 'industrial Law'] ['enforcement of Australian Industrial Relations Commission Order' 'unfair Dismissal Compensation' 'unpaid Annual Leave' 'service and Notice of Proceedings' 'interest to Date of Judgment']

Case Brief

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Procedural Posture

Application to Enforce an Australian Industrial Relations Commission Order and Claim Unpaid Annual Leave / Judgment After Respondents Did Not Appear

Legal Issues

  1. 1 ['Whether the applicant was entitled to judgment for the amount ordered by the Australian Industrial Relations Commission on 5 May 2003.' 'Whether the applicant was entitled to payment for accrued annual leave on termination.' 'Whether the respondents had notice of the proceedings despite not appearing.']

Ratio Decidendi

The Court was satisfied that the respondents received notice of the proceedings, that the Commission had ordered payment of $3,150 and it remained unpaid, and that the applicant had an accrued annual leave entitlement of 26.41 days at $19.60 per hour, producing $4,141.08; judgment was therefore entered for those sums with fixed interest.

Court Disposition

Judgment for the applicant against the respondents.

Orders

  • ['Judgment for the applicant against the respondents in the sum of $3150 being the amount ordered to be paid by the AIRC on 5 May 2003, plus interest fixed at $300 to the date of judgment.' 'Judgment for the applicant against the respondents in the sum of $4141.08 being for annual leave together with $400 interest...