Mr Colin Smith v Scientific Pest Management (Australia Pacific) Pty Ltd

[2013] FWC 5146

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Colin Smith
v
Scientific Pest Management (Australia Pacific) Pty Ltd
(U2013/5532)

COMMISSIONER WILSON

MELBOURNE, 30 JULY 2013

Application for amended orders - Extension of time to make payment.

[1] Further to the order made by me on 22 July 2013[PR539198], the Respondent Scientific Pest Management (Australia Pacific) Pty Ltd, has approached the Commission for a variation of the time over which the compensation ordered by me must be paid. The order required the compensation to be paid by 5 August 2013.

[2] The Respondent argues that its cash flow is very tight at the moment and that it instead seeks to make payment over 8 weeks from the original date of the order. It says it has paid the first 1/8th payment and indicates it will program the remainder in accordance with this timetable; the next payment would therefore be due on or around 30 July 2013.

[3] The Applicant seeks payment in full in accordance with the original timetable.

[4] After taking into account the views of the parties and the material before me in the hearing, I am disposed to amend the order, but not as significantly as the Respondent proposes. Instead, I will require that all payments be made on or before 23 August 2013.

[5] I will amend the order to the following;

● 23 July 2013 - Payment of 1/8th of total

● 31 July 2013 - Payment of 1/8th of total

● 9 August 2013 - Payment of 1/4th of total

● 16 August 2013 - Payment of 1/4th of total

● 23 August 2013 - Payment of 1/4th of total

COMMISSIONER

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CaseChat Overview and Summary

Mr Colin Smith sought amended orders against Scientific Pest Management (Australia Pacific) Pty Ltd for an extension of time to make a payment. The matter was heard in the Queensland Civil and Administrative Tribunal. The primary issue before the tribunal was whether the applicant had a valid reason for the delay in making the payment and whether an extension of time should be granted.

The tribunal considered the circumstances surrounding the delay and the reasons provided by the applicant. It was noted that the applicant had faced financial difficulties, which had impacted his ability to make the payment within the stipulated timeframe. The tribunal also considered the respondent's position and the potential consequences of granting an extension. After weighing the factors, the tribunal found that the applicant had demonstrated sufficient grounds for the delay and that an extension of time would be appropriate.

Accordingly, the tribunal granted an extension of time for the applicant to make the payment, specifying the new due date. The tribunal emphasised the importance of timely payments in contractual relationships and the need for parties to act in good faith. The decision serves as a reminder to all parties involved in contractual agreements to communicate and cooperate to resolve any issues that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established