Selvachandran v Peteron Plastics Pty Ltd

In the matter of John Sutherland versus FABGLASS BATHROOM PRODUCTS PTY LTD, the applicant, John Sutherland, sought a remedy in respect of his termination of employment by the respondent, FABGLASS BATHROOM PRODUCTS PTY LTD. The applicant alleged that he had been unlawfully terminated and sought relief under section 170EA of the Industrial Relations Act 1988. The respondent filed a notice of motion seeking leave to file a cross claim for relief in the accrued jurisdiction of the Court. The cross claim sought damages in the sum of $11,161.60 and interest arising from an alleged debt owed by the applicant to the respondent. The debt was due to the respondent paying the applicant's wages in gross amount rather than net of taxation.

The court had to determine whether it should exercise its accrued jurisdiction by granting leave to the respondent to file a cross claim for relief. The cross claim would seek damages in the sum of $11,161.60 and interest arising from an alleged debt owed to the respondent by the applicant. The debt was alleged to have arisen as a result of the respondent paying to the applicant his wages in gross amount rather than net of taxation. The court examined the legal principles governing the exercise of the accrued jurisdiction of the Court and found that the cross claim did not come from the same sub-stratum of facts as the application under s170EA of the Act.

The court dismissed the notice of motion insofar as leave to file a cross claim in the accrued jurisdiction is concerned. The court found that the cross claim and the application under s170EA were not within the scope of one single controversy. The s170EA matter would be heard and determined by Judicial Registrar Ryan on the dates already allocated subject to any application made to him.