Townsend, Leonard Cecil v General Motors-Holdens Ltd

In this case, Leonard Cecil Townsend filed a complaint against General Motors-Holdens Limited before the Conciliation and Arbitration Court. Townsend sought relief for the company's failure to provide the required three months' notice before an annual shutdown, as mandated by the General Motors-Holden's Limited (Part I) General Award 1978. Additionally, the complaint argued that the notice did not specify the commencement date of the shutdown. The dispute required the court to determine whether the notice had to specify the shutdown commencement date, the appropriate penalty for the non-observance, and the employer's obligation to compensate the employee for the underpayment.

The legal issues central to the case were whether the employer was required to specify the commencement date of the shutdown in the notice, the appropriate penalty for the non-observance of the award, and the employer's obligation to compensate the employee for the underpayment. The court had to consider the General Motors-Holden's Limited (Part I) General Award 1978 and relevant sections of the Conciliation and Arbitration Act 1904, particularly section 119. The court was also tasked with determining the matters relevant to the exercise of the discretionary power to order the employer to pay the amount of the underpayment and whether the power extended to ordering payment of a smaller amount.

The court held that the employer was not required to specify the commencement date of the shutdown in the notice. The court found that the notice was sufficient as it provided three months' notice of the shutdown. However, the court imposed a penalty of $500 for the non-observance of the award. The penalty was to be paid to the Vehicle Builders Employees Federation of Australia. Furthermore, the court ordered General Motors-Holdens Limited to compensate the employee, John Buckanek, the sum of $176.75 for the underpayment. The court exercised its discretion under the Conciliation and Arbitration Act 1904, section 119, and determined that the employer must pay the full amount of the underpayment to the employee.

The court's final orders were that General Motors-Holdens Limited pay a penalty of $500 to the Vehicle Builders Employees Federation of Australia and compensate John Buckanek with $176.75 for the underpayment.