Mantarakis v Transit Systems West Services Pty Ltd

Mantarakis (the applicant) brought a small claim against Transit Systems West Services Pty Ltd (the respondent) in the Industrial Relations Commission of New South Wales. The dispute concerned an alleged contravention of the applicant's annual leave entitlement under the relevant award.

The primary legal issue before the Court was the correct interpretation of the annual leave provisions within the applicable award and whether the respondent's actions constituted a contravention of those provisions in relation to the applicant's entitlement.

Judge Altobelli found that the respondent had contravened the award in relation to the applicant's annual leave entitlement. The Court's reasoning focused on the specific wording of the award and its application to the facts presented, determining that the respondent had failed to provide the applicant with the full annual leave to which they were entitled under the award. The Court ordered the respondent to pay the applicant the outstanding amount of annual leave.