Janine Marie Callan -v- Garth Douglas Smith

Document Type: Order

Matter Number: FBA 1/2021

Matter Description: Appeal against a decision of the Industrial Magistrate in matter no. M 94/2020 given on 19 February 2021

Industry: Personal & Household Good W/sg

Jurisdiction: Full Bench

Member/Magistrate name: Chief Commissioner S J Kenner, Senior Commissioner R Cosentino, Commissioner T Emmanuel

Delivery Date: 21 Jul 2021

Result: Appeal upheld. Order issued

Citation: 2021 WAIRC 00217

WAIG Reference: 101 WAIG 1168

DOCX | 26kB
2021 WAIRC 00217

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES JANINE MARIE CALLAN
APPELLANT
-AND-
GARTH DOUGLAS SMITH
RESPONDENT
CORAM FULL BENCH
CHIEF COMMISSIONER S J KENNER
SENIOR COMMISSIONER R COSENTINO
COMMISSIONER T EMMANUEL
DATE WEDNESDAY, 21 JULY 2021
FILE NO/S FBA 1 OF 2021
CITATION NO. 2021 WAIRC 00217


Result Appeal upheld. Order issued

Order
The Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders —

1. THAT the appeal be and is hereby upheld.
2. THAT the orders made by the Industrial Magistrates Court on 19 February 2021 be varied:
(a) in order 1 to provide that the respondent pay to the appellant a penalty in the amount of $22,704; and
(b) in order 2 to provide that the respondent pay to the appellant costs in the amount of $169.70.

By the Full Bench







CHIEF COMMISSIONER


Janine Marie Callan -v- Garth Douglas Smith

 

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES JANINE MARIE CALLAN

APPELLANT

-and-

Garth Douglas Smith

RESPONDENT

CORAM FULL BENCH

Chief Commissioner S J Kenner

Senior Commissioner R Cosentino

Commissioner T Emmanuel

DATE WEDNESDAY, 21 July 2021

FILE NO/S FBA 1 OF 2021

CITATION NO. 2021 WAIRC 00217

 

 

Result Appeal upheld.  Order issued

 

Order

The Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders 

 

1. THAT the appeal be and is hereby upheld.

2. THAT the orders made by the Industrial Magistrates Court on 19 February 2021 be varied:

(a) in order 1 to provide that the respondent pay to the appellant a penalty in the amount of $22,704; and

(b) in order 2 to provide that the respondent pay to the appellant costs in the amount of $169.70.

 

By the Full Bench

 

 

 

 

 

 

 

CHIEF COMMISSIONER