Naucapoma v Annilam Pty Ltd t/as Colour 18 Wedding

Case

[2014] NSWCATCD 161

28 August 2014


Details
AGLC Case Decision Date
Naucapoma v Annilam Pty Ltd t/as Colour 18 Wedding [2014] NSWCATCD 161 [2014] NSWCATCD 161 28 August 2014

CaseChat Overview and Summary

In the Fair Work Commission, Naucapoma pursued a claim against Annilam Pty Ltd, trading as Colour 18 Wedding, concerning an employment dispute. The applicant alleged that the respondent failed to pay her the minimum rates of pay as stipulated under the relevant award and did not provide her with a pay slip, which are obligations under the Fair Work Act 2009. The matter was heard by the Commission, which had to determine whether the respondent had contravened the award and the Act.

The central legal issues before the Commission were whether the respondent had indeed failed to pay the applicant the minimum rates of pay and whether it had failed to provide a pay slip. The Commission examined the evidence presented by both parties, including the applicant's testimony, pay records, and any documentation related to the employment agreement. The Commission also considered the provisions of the relevant award and the requirements under the Act.

After reviewing the evidence, the Commission found that the respondent had contravened the award by not paying the applicant the minimum rates of pay. The Commission also determined that the respondent had not provided the applicant with a pay slip, in breach of the Act. Consequently, the Commission ruled in favour of the applicant and ordered the respondent to pay the applicant $1,000.00 immediately. Additionally, the respondent's name was amended to reflect its trading name as Colour 18 Wedding.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Standing

  • Compensatory Damages

  • Costs

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Luxton v Vines [1952] HCA 19