Stefan Richardson v Geelong and Surfcoast Laundry T/A Swim Alumni Pty Ltd

[2017] FWC 2895

[2017] FWC 2895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stefan Richardson
v
Geelong & Surfcoast Laundry T/A Swim Alumni Pty Ltd
(U2016/14735)

COMMISSIONER ROE MELBOURNE, 25 MAY 2017

Application for an unfair dismissal remedy.

[1] On 28 April 2017, I issued a decision in which I found that Mr Richardson had been unfairly dismissed (2017 [FWC] 2321) and made an Order that compensation be paid of $14995.54 from which taxation should be deducted according to law. I Ordered (PR592451) that the amount is payable within twenty one days. In my decision I noted that Surfcoast Laundry is at liberty to apply to vary the time period for the payment.

Surfcoast has applied to vary the Order to enable them to pay the amount in instalments as follows: $3,000 on 6 June 2017, $3000 on 4 July 2017, $3000 on 1 August 2017, $3000 on 5 September 2017 and the balance of $2,995.54 on 3 October 2017.

[2] Surfcoast provided substantial evidence of their financial situation. I am satisfied from that evidence that the company would have difficulty making the required payment utilising available cash resources. I provided the Applicant with the material provided by Surfcoast and issued a confidentiality order to protect the commercially sensitive information. I am satisfied that the Applicant had adequate opportunity to respond to the application made by Surfcoast and to the evidence provided by Surfcoast in support of their application.

[3] I am satisfied that it is appropriate to vary the Order to allow for payment by instalments. However, during the hearing Mr Richardson raised concerns about the length of the delay and that the rate of payment proposed was less than the wage paid to him when he was employed by Surfcoast. I put to Mr Eng Ho for Surfcoast that I considered that the period of delay was too great and that the payments should be increased. After considering Mr Eng Ho’s response, I have decided that the Order should be varied to provide for payment in instalments as follows: $4,000 on 6 June 2017, $4,000 on 4 July 2017, $4,000 on 1 August 2017, and the balance of $2,995.54 on 5 September 2017. An amended Order is issued with this decision.

COMMISSIONER

Appearances:

Mr S Richardson on behalf of himself

Mr E Ho on behalf of the respondent

Hearing details:

2017.

Melbourne:

May 24.

Printed by authority of the Commonwealth Government Printer

<Price code C, PR593235>