Andrew James Shannon v MAP Plumbing Services Pty Limited [1995] IRCA 443

CATCHWORDS Industrial Relations Act 1988 s 170EA No. NI 1521 0f 1995 Andrew James Shannon v MAP Plumbing Services Pty Limited Tomlinson JR Sydney 7 September 1995

Industrial Relations Court of Australia New South Wales District Registry NI 95/1521 Between: Andrew James SHANNON Applicant AND: MAP Plumbing Services Pty Limited Respondent Place: Sydney Date: 7 September 1995 Before: Tomlinson JR Orders 1. That the application of Andrew James Shannon be dismissed. NOTE:Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

Industrial Relations Court of Australia New South Wales District Registry NI 95/1521 Between: Andrew James SHANNON Applicant AND: MAP Plumbing Pty Limited Respondent Place: Sydney Date: 7 September 1995 Before: Tomlinson JR Reasons for decision This matter was heard on Monday 28 August 1995. Mr CV Millard represented the applicant and Mr A Price represented the respondent. By application filed 10 March 1995 the applicant advised he was not seeking compensation and that he had commenced work on 31 June 1993 and that he had ceased work on the 6 March 1995 and that he was employed as a draftsman at Matraville by the respondent.

In his evidence the applicant told the court prior to commencing work with the respondent he had been employed by Nisbet and Durney for some 18 months. Exhibit 1 was a document dated 30 July 1993 on the respondent's letterhead. It was a contract of employment noting the salary to be $36,000.00 per annum and $3,000.00 per annum for car expenses. The applicant had told the court his salary had recently been increased to $40,000.00 a year. His duties included all workshop co-ordination of scale drawings showing all services to a high level. The applicant frequently worked 55 hours a week and stated that there had been no adverse comments as to the quality of his work. Further, the applicant stated that the managing director of the respondent, Roger Miley had stated prior to Christmas 1994 that the applicant was many times better at his work than the previous draftsman.