Lyndon Bradney Simmons v Latrobe Brewing Company

Lyndon Bradney Simmons (the applicant) brought proceedings against Latrobe Brewing Company (the respondent) in the Magistrates' Court of Victoria. The dispute concerned the applicant's claim for unpaid wages and entitlements arising from his employment with the respondent.

The primary legal issue before the Court was whether the applicant had been correctly paid all wages and entitlements due to him under his employment contract and relevant industrial instruments. This involved determining the proper interpretation of the applicant's employment terms and the application of relevant legislation and awards governing his employment.

Magistrate Forno found that the respondent had failed to pay the applicant all monies due to him, including entitlements for overtime and annual leave. The Court applied the principles of contract law and employment law, considering the evidence presented by both parties regarding the applicant's hours of work, rates of pay, and accrued leave entitlements. The Court concluded that the respondent had breached its contractual and statutory obligations to the applicant.

The Court ordered that the respondent pay the applicant the sum of $10,500.00, representing the outstanding wages and entitlements, together with costs.