Details 

Created: 04 June 2020

The Industrial Magistrate has upheld a claim for unpaid wages alleged to be owed under the Children’s Services Award 2010 (Cth) (Award) by an employee of a childcare centre.

The claimant alleged that the respondent contravened the Fair Work Act 2009 (Cth) (FWA) and the Award in failing to pay her ordinary wages from 22 October 2018 to 8 November 2018 contrary to the terms of the Award.

The respondent argued that it was entitled to withhold the wages because the claimant failed to give one week’s notice prior to the termination of her employment in accordance with the FWA and cl 11 of the Award.

The claimant denied that she failed to give notice of termination to the respondent, but said that upon indicating to the respondent that she intended to leave her employment with two weeks’ notice, the respondent terminated her employment that day on 8 November 2018.

The Industrial Magistrate found, having regard to all the evidence, that on 8 November 2018, the claimant did not terminate her employment with the respondent.

Instead, the Industrial Magistrate found that the respondent terminated the claimant’s employment on 8 November 2018 after the claimant finished her shift, and after the claimant had informed the respondent on 7 November 2018 that she intended to resign by giving two weeks’ notice with the resignation to take effect from 9 November 2018.

Scaddan IM, having determined that the respondent failed to pay the claimant for work undertaken between 22 October 2018 to the end of the day of termination, ordered that the respondent pay the claimant her wages for this period.

The decision can be read here.