Sally Jane Wilson and Kevrob [1995] IRCA 706

Industrial Relations Court of Australia Tasmanian District Registry Matter No: TI 95/1144 Between: Sally Jane WILSON Applicant And: Kevrob Respondent Place: Launcestion Date: 1 December 1995 Before: Tomlinson JR

Reasons for decision delivered ex-tempore revised from transcript

This is an application for compensation under the Industrial Relations Act as amended for compensation allegedly arising out of an unlawful termination. The applicant, Ms Sally Jane Wilson, was born on 7 June 1974 and at the date of these proceedings is aged some 21 years. The applicant gave evidence to the Court that she began employment with the respondent, Kevrob, during October of 1992 as a casual console operator at the Mobil Service Station at Lane Park here in Launceston. At that time there was a Lesley Beck and a Graeme Lancaster who seemingly had some managerial involvement with the service station.

From all accounts the applicant did well at her work and at no stage did this Court hear any evidence that the applicant was anything other than an exemplary employee. The applicant became a permanent employee paid at an hourly rate, receiving the sum of $530.00 gross per week or $415.85 net. In February of 1994 the applicant attended a two-week training course run by Mobil in Melbourne and paid for by the respondent. The purpose of the course was to enable the applicant to become the manageress of the service station and to learn the systems and methods of Mobil.

After two weeks the applicant returned to Launceston and in fact became the manageress. As such, the applicant supervised some seven staff members, organised rosters, ordered stock, did the daily banking and drew cheques for the owner, Mr Matthew DePaoli, to sign when he visited the site from Melbourne. On occasion the applicant would pay wages from her own moneys and then subsequently be reimbursed from respondent's moneys at a later date. The applicant had the right to hire and fire, and the Court heard in fact that she employed some of her family members at the service station, but it is noted that nothing hangs on that evidence.