Details 

Created: 12 November 2019

The Commission has upheld a denied contractual benefits claim made by a former employee of an entity which traded as M4 Marketing that she was not paid for part of the period of her claim. The applicant alleged that she had not been paid her salary and leave entitlements from 2 April 2019 to 17 April 2019.

Commissioner Mathews considered the limitations in considering the evidence when both parties appeared by telephone. Matthews C held that for the period of 3 to 10 April 2019 the applicant had not proven, on the balance of probabilities, that she was not paid. However, for the period 11 and 12 April 2019 the respondent had not given evidence disputing the applicant’s claim she was not paid. Finally, Matthews C found that for the period of 15 to 17 April 2019, the applicant had not proven to the requisite standard that she had an entitlement to sick leave for those dates.

Matthews C ordered that the applicant's salary for the two days' of 11 and 12 April 2019 be paid, and, that the name of the respondent listed on the application be amended.

The decision can be read here.