NSW Caselaw
Industrial Court of New South Wales
CITATION: Liang v Xie [2010] NSWIRComm 185
PARTIES: Wei Wen Liang (also known as Raymond Liang) (Applicant) Virginia Yue Yun Xie (also known as Yue Yun Xiao) trading as "Ocean City Chinese Restaurant" (Respondent)
FILE NUMBER(S): IRC 1382 of 2009
CORAM: Marks J
CATCHWORDS: APPLICATION FOR RECOVERY OF MONEY – applicant sponsored by respondent for permanent resident purposes – contract of employment – Restaurant Employees (State) Award – marked differences between evidence of applicant and respondent – inadequate record keeping – employment summarily terminated – applicable grade classification under the Award – findings made as to hours of work – proceedings stood over to allow for calculations to occur based on findings – costs and interest reserved
LEGISLATION CITED: Industrial Relations Act 1996 – s 364, s 365, s 366, s 370
HEARING DATES: 28 and 29 June, 15 October 2010
DATE OF JUDGMENT: 15 December 2010
Mr R Moore of counsel (Applicant) Solicitor: Austin Haworth & Lexon Legal (Sydney) LEGAL REPRESENTATIVES: Mr P Stockley of counsel (Respondent) Solicitor: Kennedy & Cooke Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: MARKS J Wednesday 15 December 2010
Matter No IRC of 1382 of 2009
WEI WEN LIANG (ALSO KNOWN AS RAYMOND LIANG) v VIRGINIA YUE YUN XIE (ALSO KNOWN AS YUE YUN XIAO) TRADING AS "OCEAN CITY CHINESE RESTAURANT"
Application for recovery of money under s 365 of the Industrial Relations Act 1996 JUDGMENT [2010] NSWIRComm 185 1 In these proceedings the applicant Wei Wen Liang seeks the recovery of certain monies from the respondent, Virginia Yue Yun Xie under ss 365 and 366 of the Industrial Relations Act 1996 ("the Act"). The applicant alleges that he was employed by the respondent to work in a business which she conducted in Merimbula known as the Ocean City Chinese restaurant in which he was employed to perform work involving the preparation and cooking of food. The applicant claims an underpayment of monies under an applicable industrial instrument, namely the Restaurant Employees (State) Award ("the Award") as well as an underpayment of certain monies under the terms of a contract of employment with the respondent. The statutory basis for the claim
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