COSCO HOLDINGS PTY LTD v THU THI VAN DO & LAN NGOC THI QUAN & HAHN HUU NGUYEN & THAO NGOC HOANG & LOAN ANH NGUYEN & THANH DUC HUA [1997] IRCA 217

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY NO. QI 1330/95 QI 1331/95 QI 1332/95 QI 1333/95 QI 1334/95 QI 1364/95 BETWEEN: COSCO HOLDINGS PTY LTD Applicant AND THU THI VAN DO LAN NGOC THI QUAN HAHN HUU NGUYEN THAO NGOC HOANG LOAN ANH NGUYEN THANH DUC HUA Respondents

Madgwick J Sydney 9 July 1997

MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. The applicant pay to the respondent Mr Hanh Huu Nguyen the sum of eleven thousand two hundred and thirty three dollars and ninety seven cents ($11,233.97), being ten thousand dollars ($10,000) plus interest thereon up to judgment calculated at 8 per cent per annum for the period 15 December 1995 to 30 June 1997. 2. The applicant pay to the respondent Mr Thao Ngoc Hoang the sum of seven thousand eight hundred and sixty three dollars ($7,863), being seven thousand dollars ($7,000) plus interest thereon up to judgment calculated at 8 per cent per annum for the period 15 December 1995 to 30 June 1997. 3. The applicant pay to the respondent Ms Lan Ngoc Thi Quan the sum of ten thousand six hundred and seventy two dollars ($10,672) being nine thousand five hundred dollars ($9,500) plus interest thereon up to judgment calculated at 8 per cent per annum for the period from 15 December 1995 to 30 June 1997. 4. The applicant pay to the respondent Ms Loan Ahn Nguyen the sum of eleven thousand four hundred and fifty dollars and forty cents ($11,450.40). 5. The applicant pay to the respondent Ms Thu Thi Van Do the sum of eleven thousand four hundred and fifty dollars and forty cents ($11,450.40). 6. (a) The applicant reinstate the respondent Mr Thanh Duc Hua by appointing him to a position on terms and conditions no less favourable than those on which he was employed immediately prior to the termination of his employment; (b) The applicant pay to Mr Hua the sum of forty three thousand five hundred and thirty four dollars and forty cents ($43,534.40) representing the remuneration lost because of the said termination. 7. (a) Upon payment within 14 days to the Commissioner of Taxation of any amounts bona fide believed by the applicant to be so payable on account of tax in respect of the said awards of compensation, and the filing and service of evidence thereof; and (b) payment within that period of the balance of the said awards into Court (for payment out to the relevant respondent), the applicant shall have credit against the respective amounts awarded for such taxation deductions. 8. The compensation awarded to the respondents is to be paid within 14 days of this Order. 9. The appellant pay the respondents in each action their costs of and incidental to this review to be agreed or taxed. IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY NO. QI 1330/95 QI 1331/95 QI 1332/95 QI 1333/95 QI 1334/95 QI 1364/95