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
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
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