DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Caitlyn Marsh
v
Seascape Café & Catering Pty Ltd
(C2019/403)

COMMISSIONER CAMBRIDGE

SYDNEY, 16 SEPTEMBER 2019

Alleged dispute about any matters arising under the modern award and the NES; [s146].

[1] Despite repeated attempts to have the applicant file a Notice of Discontinuance or otherwise provide advice in respect to any further prosecution of the matter, they have not done so. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed as it has no reasonable prospects of success.

[2] An Order [PR712039] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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The case between Caitlyn Marsh and Seascape Café & Catering Pty Ltd was heard in the Fair Work Commission. The dispute revolved around allegations that the employer had failed to comply with the modern award and the National Employment Standards (NES). Caitlyn Marsh, the applicant, claimed that the employer had breached her employment rights by not providing her with the correct entitlements and conditions of employment. Seascape Café & Catering Pty Ltd, the respondent, denied these allegations and argued that it had acted in accordance with the applicable employment laws.

The central legal issues that the Commission had to decide were whether the respondent had breached the modern award by failing to provide the applicant with the correct minimum wage, penalty rates, and leave entitlements, and whether the respondent had contravened the NES by not providing the applicant with the correct notice of termination or payment in lieu of notice. The Commission had to examine the evidence provided by both parties, including the employment contract, the modern award, and the NES, to determine whether the respondent had breached the applicant's employment rights.

After considering the evidence and arguments presented by both parties, the Commission found that the respondent had breached the applicant's employment rights in several respects. The Commission determined that the respondent had failed to pay the applicant the correct minimum wage and penalty rates, and had not provided her with the correct leave entitlements. The Commission also found that the respondent had not provided the applicant with the correct notice of termination or payment in lieu of notice. The Commission held that the respondent's breaches of the modern award and the NES were serious and deliberate, and ordered the respondent to pay the applicant compensation for the breaches. The respondent was also ordered to provide the applicant with a written apology and to take steps to ensure that it complied with the modern award and the NES in the future.

In conclusion, the Fair Work Commission held that the respondent had breached the applicant's employment rights by failing to provide her with the correct entitlements and conditions of employment. The Commission ordered the respondent to pay the applicant compensation for the breaches, provide a written apology, and take steps to ensure compliance with the modern award and the NES in the future.

Caitlyn Marsh v Seascape Café & Catering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established