Heather Alison Maciver v Hilton Nursing Home Pty Limited [2000] NSWIRComm 56

Industrial Relations Commission of New South Wales in Court Session

CITATION : Heather Alison Maciver v Hilton Nursing Home Pty Limited [2000] NSWIRComm 56 APPLICANT: Heather Alison Maciver PARTIES : RESPONDENT: Hilton Nursing Home Pty Limited FILE NUMBER: 513 and 1788 of 1997 CORAM: Schmidt J Unfair contract - further judgment - outstanding issues concerning claim for meal allowance and calculation of net monies - too late for the meal money claim to be advanced - net monies to be calculated by application of ATO PAYE Fact Sheet CATCHWORDS : Recovery of remuneration - disposal of proceedings CASES CITED : Vision Publishing Pty Limited v PK Holdings Pty Limited (1998) 84 IR 277 HEARING DATES: 03/23/2000 DATE OF JUDGMENT: 04/20/2000

APPLICANT: Mr R Moore of counsel SOLICITORS: Moin & Associates Lawyers LEGAL REPRESENTATIVES: RESPONDENT: Mr A Moses of counsel SOLICITORS: Fishburn Watson O'Brien Solicitors

JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Schmidt J

DATE: 20 April 2000

MATTER NUMBER IRC 513 OF 1997 HEATHER ALISON MACIVER -v- HILTON NURSING HOME PTY LIMITED Application under section 106 of the Industrial Relations Act 1996

MATTER NUMBER IRC 1788 OF 1997 HEATHER ALISON MACIVER -v- HILTON NURSING HOME PTY LIMITED Application for recovery of money under section 365 of the Industrial Relations Act 1996 FURTHER JUDGMENT 1 Judgment in this matter was given on 20 April 1999. The parties were unable to agree upon appropriate orders. A supplementary judgment was given on 13 August 1999 concerning matters of quantification, interest and costs and the parties were directed to file final orders within 21 days. 2 Further difficulties arose in relation to the calculation of the monetary order and the calculation of the net sum upon which interest would flow. The matter was relisted on 14 December, when the applicant agreed to file written submissions prior to the end of the law term and the respondent, prior to the commencement of the law term in January 2000. The applicant's submissions were forwarded under cover of a letter of 8 February and the respondent's were filed on 2 March, with the respondent at that point still not having quantified the money sums in question. 3 The matter came back into the list on 9 and on 23 March, after further documents had been filed, when the parties' final positions were put. The outstanding issues concern a claim for payment of meal allowance and the calculation of net monies upon which an order for interest is to be calculated. 4 As to interest, it was common ground that it should be payable from 5 February 1997, the date upon which the application brought under s106 of the Act was filed.