Hannan v Waggamba Medical Centre

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Hannan v Waggamba Medical Centre [2013] QMC 23

PARTIES:

ELYSE LEE HANNAN

(plaintiff)

v

WAGGAMBA MEDICAL CENTRE PTY LTD

(defendant)

FILE NO/S:

M2/13

DIVISION:

Magistrates Courts

PROCEEDING:

Employment Claim

ORIGINATING COURT:

Magistrates Court at Goondiwindi

DELIVERED ON:

8 November 2013

DELIVERED AT:

Brisbane

HEARING DATE:

3 September 2013, 17 October 2013

MAGISTRATE:

Lee GC

ORDER:

The defendant employer pay the plaintiff $1119.74

CATCHWORDS:

INDUSTRIAL LAW – “Employment claim” – resignation of employee plaintiff – whether accrued annual leave upon termination – if so, recovery of accrued leave and annual leave loading – recovery of last week of wages

Fair Work Act 2009 (Cth), s 16, s 20, s 55, s 56, s 59, s 61, s 87, s 90, s 535, s 536
Fair Work Regulations 2009 (Cth), r 3.31, r 3.44
Magistrates Courts Act 1921(Qld), s 42A, s 42B

Nurses Award 2010

Ryan v Whitehaven Coal Mining Pty Ltd, [2013] NSWLC 11 (26 July 2013)

COUNSEL:

K Crank for plaintiff

L Wilson (solicitor) for defendant

SOLICITORS:

Queensland Nursing Union for plaintiff

Doyle Wilson Solicitors for defendant

1. On 1 March 2013 the plaintiff commenced an “Employment claim” in this court pursuant to Part 5A of the Magistrates Courts Act 1921 (the Act)[1]claiming $5820.35 comprising $4188.81 accrued annual leave, associated leave loading of $733.04 and one weeks pay of $898.50 (gross)[2].

   [1] Part 5A was inserted in to the Magistrates Courts Act 1921 by Part 6 of the Industrial Relations Act and Other Legislation Amendment Act 2007 (No 23 of 2007) with effect from 1 January 2008 (s 2(1));

   [2] Amended Employment Claim dated and filed 7 August 2013;

2. In its defence the defendant opposed the claim in its entirety although during addresses at end of the trial conceded that part of the final week’s wages of $898.50 ie $448.50 remains owing[3]. The defendant had paid $450[4] by three $150 instalments after the plaintiff’s employment ceased[5]. That part of the claim therefore does not remain an issue although, as a trial, still had not been paid.

   [3] At para [8] of affidavit of Practice manager Paul Jones conceded that $311.14 was owed. However, it appears he arrived at that figure by deducting the $450 from the net pay of $761.14;  

   [4] $898.50 less $450 = $448.50;

   [5] Paragraphs 3 & 4 submissions for the defendant; para [8] affidavit of Paul Jones; exhibit B affidavit of the Plaintiff (her bank statements); exhibit 1 (original wages book); 

3. There is no dispute that this is an “Employment Claim” as defined in Part 5A. The plaintiff was an employee of the defendant as a registered nurse. She commenced employment as a casual on 17 August 2010, became permanent full time on

   
   

   12 January 2011[6] and resigned by letter dated 1 August 2012[7] effective 15 August 2012. Her annual wages were not more than $98000 per annum and that the claim arises out of, among other things, a breach of the Nurses Award 2010 made under the Fair Work Act 2009