Sawtell v P.J. Clarke Investments (Qld) Pty Ltd

In *Sawtell v P.J. Clarke Investments (Qld) Pty Ltd*, heard in the Magistrates Court of Queensland, the applicant, Mr. Sawtell, brought a small claim under the *Fair Work Act 2009* (Cth) against the respondent, P.J. Clarke Investments (Qld) Pty Ltd, concerning unpaid work allegedly performed at a motel.

The central legal issue before the court was whether Mr. Sawtell had established, on the balance of probabilities, that he had performed work for which he had not been paid, and whether the respondent was liable for such unpaid wages. This involved an assessment of the evidence presented by both parties regarding the nature of the work, the terms of engagement, and the payments made.

Judge Altobelli dismissed the application, finding that Mr. Sawtell had not discharged the onus of proving his claim. The court was not satisfied that the work described by Mr. Sawtell had been performed for the respondent, nor that any outstanding entitlements were owed. Consequently, the claim was dismissed.