WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION 2017 WAIRC 00081 CITATION : CORAM : P E HEARD : 13 2017 DELIVERED : 17 2017 FILE NO. : B 2 OF 2017 BETWEEN : Applicant AND Respondent CatchWords : Alleged denial of contractual entitlement - Contract of employment - Application to dismiss - No real question to be tried Legislation : (Cth) Fair Work Act 2009 (WA) s 27(1)(a)(i), s 27(1)(a)(ii), Industrial Relations Act 1979 s 27(1)(a)(iv), s 29(1)(b)(ii) Result : Application pursuant to s 27(1)(a) granted; Application dismissed : P : A C Reasons for Decision This is an application made pursuant to s 29(1)(b)(ii) of the Industrial Relations Act 1979 (WA) (the Act). The Form 3 Notice of claim of entitlement to a benefit under a contract of – contains a schedule which says that the applicant was employed from 1 August employment 2016 until 3 November 2016, and seeks payment of outstanding salary for the remainder of a fixed term of employment between 1 August 2016 and 31 October 2018. The claim says that the respondent only paid the applicant’s salary until 3 November 2016, when she was dismissed. There is a balance owing of $137,970 as per a second attached schedule. That
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CITATION : 2017 WAIRC 00081 CORAM : P E HEARD : 13 2017 DELIVERED : 17 2017 FILE NO. : B 2 OF 2017 BETWEEN : Applicant AND Respondent CatchWords : Alleged denial of contractual entitlement - Contract of employment - Application to dismiss - No real question to be tried Legislation : Fair Work Act 2009 (Cth) Industrial Relations Act 1979 (WA) s 27(1)(a)(i), s 27(1)(a)(ii), s 27(1)(a)(iv), s 29(1)(b)(ii) Result : Application pursuant to s 27(1)(a) granted; Application dismissed : P : A C Reasons for Decision This is an application made pursuant to s 29(1)(b)(ii) of the Industrial Relations Act 1979 (WA) (the Act). The Form 3 – Notice of claim of entitlement to a benefit under a contract of employment contains a schedule which says that the applicant was employed from 1 August 2016 until 3 November 2016, and seeks payment of outstanding salary for the remainder of a fixed term of employment between 1 August 2016 and 31 October 2018. The claim says that the respondent only paid the applicant’s salary until 3 November 2016, when she was dismissed. There is a balance owing of $137,970 as per a second attached schedule. That
B-2-2017-201700081.DOCX