Battershill v Cathstar Pty Limited [1996] IRCA 390

Battershill v Cathstar Pty Limited [1996] IRCA 390

The respondent breached the Motel Accommodation and Resorts Award 1992 because the applicant worked substantially more hours than he was paid for and, for the relevant period until the work was effectively downgraded, his duties and engagement as Assistant Manager supported Grade 3 treatment. The Court generally...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 July 1996
Procedural Posture
Application for Imposition of a Penalty and Recovery of Wages for Alleged Underpayment Under the Motel Accommodation and Resorts Award 1992 / Reasons for Judgment and Final Orders
Outcome
Application granted; breach declared; underpayment, interest and penalty ordered.
Legal Topics
['breach of Award' 'underpayment of Wages' 'recovery of Wages' 'penalty' 'award Classification' 'hours Worked']
['industrial Law' 'employment Law'] ['breach of Award' 'underpayment of Wages' 'recovery of Wages' 'penalty' 'award Classification' 'hours Worked']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Imposition of a Penalty and Recovery of Wages for Alleged Underpayment Under the Motel Accommodation and Resorts Award 1992 / Reasons for Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the respondent underpaid the applicant under the Motel Accommodation and Resorts Award 1992.' 'The quantum of hours worked by the applicant, it being conceded that more than the ordinary hours were worked.' 'What work the applicant actually did and its categorisation into an appropriate grade under the Award.' 'Whether a penalty should be imposed for breach of the Award.']

Ratio Decidendi

The respondent breached the Motel Accommodation and Resorts Award 1992 because the applicant worked substantially more hours than he was paid for and, for the relevant period until the work was effectively downgraded, his duties and engagement as Assistant Manager supported Grade 3 treatment. The Court generally accepted the applicant's records of hours, reduced from the end of January 1993 by 5% for prudence, and drew an adverse inference from the respondent's failure to call Mr O'Malley. After allowing for wages paid and board and lodging, the applicant was underpaid $33,025.59, with interest, and a modest penalty was appropriate because the case was not a deliberate flouting of the Award.

Court Disposition

Application granted; breach declared; underpayment, interest and penalty ordered.

Orders

  • ['The Respondent breached terms of the Motel Accommodation and Resorts Award 1992 by underpayment of wages due to the Applicant.' 'The Respondent pay forthwith to the Applicant the sum of $33,025.59 plus interest in the sum of $9,775.63 (to 10 July 1996).' 'The Respondent pay forthwith to the Applicant a penalty of...