Harvey v SOUTH 32 Trading as Cannington Pty Ltd

Case

[2017] FCCA 1471

19 June 2017


Details
AGLC Case Decision Date
Harvey v SOUTH 32 Trading as Cannington Pty Ltd [2017] FCCA 1471 [2017] FCCA 1471 19 June 2017

CaseChat Overview and Summary

In the matter of *Harvey v SOUTH 32 Trading as Cannington Pty Ltd*, the applicant, Mr Harvey, brought proceedings against the respondent, SOUTH 32 Trading as Cannington Pty Ltd, in the Magistrates Court of Western Australia. The dispute concerned Mr Harvey's claim for unpaid wages and entitlements arising from his employment with the respondent.

The primary legal issue before the Court was whether Mr Harvey was entitled to recover the outstanding amounts claimed, and if so, the quantum of those entitlements. This involved determining the correct interpretation and application of relevant employment legislation and contractual terms governing Mr Harvey's employment.

Judge Vasta found in favour of Mr Harvey, determining that the respondent had failed to pay him all wages and entitlements due under his contract of employment and applicable industrial instruments. The Court's reasoning focused on the evidence presented regarding hours worked, leave entitlements, and other statutory entitlements, concluding that the respondent had not discharged its obligations to Mr Harvey. The Court ordered the respondent to pay Mr Harvey the sum of $11,988.70, plus costs.
Details

Areas of Law

  • Civil Procedure

  • Employment Law

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Standing

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