Amando Miotti and Tower Pizza [1995] IRCA 74

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 2032 of 1994

BETWEEN:

amando miotti Applicant

AND

tower pizza Respondent

REASONS FOR JUDGMENT (EX TEMPORE) (Revised from Draft Transcript)

28 February 1995 Judicial Registrar Fleming

The court has heard sworn evidence from Mr Miotti that he was employed by the respondent for the period 2 September 1994 to 16 October 1994. He has given sworn evidence that he was employed on Fridays and Saturdays between the hours of 5:00pm and 11:00pm. He has given evidence that he occasionally works Sundays, although when he applied for the position he indicated he would not be available to work on Sundays.

He has conceded that there were some arguments in relation to his Sunday work and also in relation to cash shortfalls, however he has indicated that any cash shortfalls were always replaced by him. In relation to the dismissal, Mr Miotti has given evidence that he went to collect his pay on the last pay day, which is the last day he worked, being 16 October 1994 and on that day he was told, "flatly" just do not come back.

Mr Miotti asked Peter, a representative of the respondent, who had said this to him "does this mean you are sacking me?" to which Peter just grinned and Mr Miotti took that to be confirmation of his termination. Mr Miotti has given evidence that he believed his employment was on a part-time permanent basis.

Mr Miotti personally served the application on the respondent and the affidavit of service of Mr Miotti was filed 7 December 1994.

The respondent has failed to appear today. In the absence of the respondent the court makes the following orders. The respondent has failed to contest the allegation of unfair dismissal, accordingly I find that the applicant has not been given a valid reason for his dismissal and that this constitutes conduct which is harsh, unjust and unreasonable. In all the circumstances I propose to make an order of compensation and the general amount of compensation will be $500.00 and I make no further order.