NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Australian Liquor,Hospitality and Miscellaneous Workers Union,New South Wales Branch v Coffs Ex-Services Club Ltd [2005] NSWIRComm 1078
APPLICANT ALHMU PARTIES: RESPONDENT Coffs Ex-Services Club
FILE NUMBER(S): 6892 of 2004
CORAM: Ritchie C
Application for Relief from Victimisation-S. 213 member of applicant claimed victimisation by respondent . Loss of remuneration as deprived from working overtime,when available to work-contrary to award. employee had previously worked extra shifts and had been paid ordinary hours and overtime in accordance with the award. CATCHWORDS: Respondent believed their interpretation of the award correct, did not breach award. Respondent did not believe it practical to pay overtime when could engage another employee and pay ordinary hours. Commission found it was open for the respondent to act as they did. Commission found that no victimisation had taken place on the day in question. Commission found lack of evidence to prove that victimisation had taken place post the issue.
Industrial Relations Act LEGISLATION CITED: 1996
CASES CITED: Davis v Amalgamated TV Services 81IR 364
HEARING DATES: 04/04/2005
DATE OF JUDGMENT: 05/26/2005
APPLICANT: Mr. C. Acev LEGAL REPRESENTATIVES: RESPONDENT: Mr. G. Arnold
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