time, overtime, weekend penalty rates, fares, clothing or any other entitlement whether arising under the award or pursuant to the contract of employment) the payment cannot be claimed as a set off against monies payable to cover some other incident of employment. A payment made on account of say ordinary time worked cannot be used in discharge of an obligation arising on some other account such as a claim for overtime. Whether or not the payment was for a particular incident of employment will be a question of fact in every case [45]. 19 For example, see s 6 of the (WA). Magistrates Court (Civil Proceedings) Act 2004 20 The relevant TAFE records were admitted into evidence as exhibits 11, 12, 13 and 14. 21 Exhibit 12. 22 Exhibit 9 at page 2, amplified by oral evidence recorded in the transcript at page 205ff. 23 E.g. transcript at pages 79, 196; 206. 24 Exhibit 8 at pages 12-14. 25 Exhibit 8 at page 15. 26 Exhibit 8 at page 19. 27 The evidence of Mr Hlavaty in re-examination appears at page 167of the transcript. 28 The evidence of the Second Respondent in examination in chief appears at pages 207 210 of the transcript. – 29 Exhibit 8 at pages 16 17. – 30 Transcript at pages 54 74. – 31 Exhibit 9 at pages 9 10. – 32 Exhibit 8 at pages 44 45. – 33 Exhibit 3 at paragraph 99 100. – 34 Exhibit 3 at paragraph 108 125. – 35 See exhibit 2, page 548 at August 2014 has been treated as a rostered day row 109 ‘20 off.’
time, overtime, weekend penalty rates, fares, clothing or any other entitlement whether arising under the award or pursuant to the contract of employment) the payment cannot be claimed as a set off against monies payable to cover some other incident of employment. A payment made on account of say ordinary time worked cannot be used in discharge of an obligation arising on some other account such as a claim for overtime. Whether or not the payment was for a particular incident of employment will be a question of fact in every case [45]. 19 For example, see s 6 of the Magistrates Court (Civil Proceedings) Act 2004 (WA). 20 The relevant TAFE records were admitted into evidence as exhibits 11, 12, 13 and 14. 21 Exhibit 12. 22 Exhibit 9 at page 2, amplified by oral evidence recorded in the transcript at page 205ff. 23 E.g. transcript at pages 79, 196; 206. 24 Exhibit 8 at pages 12-14. 25 Exhibit 8 at page 15. 26 Exhibit 8 at page 19. 27 The evidence of Mr Hlavaty in re-examination appears at page 167of the transcript. 28 The evidence of the Second Respondent in examination in chief appears at pages 207 – 210 of the transcript. 29 Exhibit 8 at pages 16 – 17. 30 Transcript at pages 54 – 74. 31 Exhibit 9 at pages 9 – 10. 32 Exhibit 8 at pages 44 – 45. 33 Exhibit 3 at paragraph 99 – 100. 34 Exhibit 3 at paragraph 108 – 125. 35 See exhibit 2, page 548 at row 109 ‘20 August 2014 has been treated as a rostered day off.’