Coughlan and Jack

[2014] FCCA 2442

FEDERAL CIRCUIT COURT OF AUSTRALIA

COUGHLAN & JACK [2014] FCCA 2442

Catchwords:
INDUSTRIAL LAW – Application dismissed.

Applicant: MARK DESMOND COUGHLAN

Respondent: RAYMOND JACK (DIRECTOR) GLADSTONE CC PTY LTD

File Number: BRG 435 of 2014

Judgment of: Judge Baumann

Hearing date: 24 September 2014

Date of Last Submission: 24 September 2014

Delivered at: Brisbane

Delivered on: 23 October 2014

REPRESENTATION

Solicitors for the Applicant: Self Represented

Solicitors for the Respondent: Self Represented

ORDERS

1. The Application filed 15 May 2014 is dismissed.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 435 of 2014

MARK DESMOND COUGHLAN

Applicant

And

RAYMOND  JACK  (DIRECTOR) GLADSTONE CC PTY LTD

Respondent

REASONS FOR JUDGMENT

1. The Applicant claims the sum of $5897.15 of unpaid annual leave (165.14 hours at $35.71/hour), which he says was payable on cessation of his employment with the Respondent on 21 January 2011.

2. The Applicant relies on the evidence of the final pay advice dated 24 January 2011 which asserts an outstanding leave entitlement of 165.14 hours.

3. The Respondent has produced payroll advice records for the period from 1 January 2004 to 24 January 2011. That evidence establishes, to the Court’s satisfaction, that 1025.95 hours of annual leave was paid, which exceeds the entitlement.

4. The Court finds that the final pay slip which shows 165.14 hours leave outstanding is an error and accepts the evidence produced to the court by the Respondent.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Baumann

Date: 23 October 2014