Wei v Chinese Australian Services Society Ltd

In the matter of *Wei v Chinese Australian Services Society Ltd*, heard before Altobelli J in the Federal Circuit Court of Australia, the applicant, Ms Wei, brought a claim against the respondent, Chinese Australian Services Society Ltd, concerning alleged unpaid penalties and annual leave entitlements arising from an oral contract of employment. Ms Wei was employed as the principal of a Chinese language school operated by the respondent.

The court was required to determine the applicant's entitlements under the relevant award, specifically in relation to penalties and annual leave, given the existence of an oral contract of employment. The central issue revolved around the proper quantification of these entitlements based on the terms of the oral agreement and the applicable industrial award.

Altobelli J's reasoning, as reflected in the orders, indicates a process for the parties to quantify Ms Wei's entitlements. The respondent was directed to provide a schedule detailing the calculation of these entitlements within 21 days. Ms Wei then had 14 days to review and either agree to the proposed schedule or raise any disagreements. Payment was to be made within 28 days of Ms Wei's agreement to the schedule. The court also provided a mechanism for dispute resolution regarding the quantification, granting leave to relist the matter if agreement could not be reached.