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Result Application for denied contractual entitlements granted.

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1. The claim that I have before me, which I have previously referred to at the commencement of these proceedings, is a claim by Mr Hitchman that, he was an employee of a company known as 986 Corporation Pty Ltd. His terms and conditions of employment were such that, for the months of March, April, May and June of 2001 he should be paid the salary that he has claimed and for the three quarters ending in June 2001, he should be paid the incentive payments that he has claimed.
2. Mr Hitchman has given evidence and in the absence of the respondent to cross-examine him, I have paid particular attention to his evidence and I can state for the purposes of the record that I have no difficulty in accepting Mr Hitchman's evidence. Not only has he presented his evidence in a clear and, I find, credible way, he has also provided documents which without any question, support that evidence. Accordingly, I find as follows.
3. Mr Hitchman was employed by a company known as 986 Corporation Pty Ltd ACN number 074 154 279. I am satisfied from exhibit 1 that he was employed as a management consultant and, relevantly for this matter, he was to be paid an annual salary package of $100,000 to be paid monthly in arrears. I am also satisfied that he is entitled to be paid an incentive equal to 15% of the fees charged for the work done by him, billed to the customer.
4. I am also satisfied from Mr Hitchman's evidence that certainly for the months that he has claimed, they being March, April, May and June 2001, he has not been paid all or in some cases any, of the salary that he is due. I am satisfied from Mr Hitchman's evidence that he has attended work and performed work in accordance with his contract of employment over that period of time. I am also satisfied that he has not been paid, which is supported by the evidence of exhibit 4. Exhibit 4 being the e-mails sent between himself and the respondent which cover the fact that not only is he not being paid, but that the respondent had cash flow difficulties.
5. Accordingly, I am quite satisfied that Mr Hitchman has made out his claim. I am also satisfied that for the two components of his claim, they being salary and bonus, he has accurately calculated what is due. The first amount being for March, which I am satisfied from his evidence, is a lesser amount than he would otherwise have claimed as it was a part payment. I am also satisfied that the amounts for the remaining three months (being $7,917.00 each month) makes the salary he is due. This being the salary effectively divided by 52 and less a certain amount which he has described as being an amount by way of salary sacrifice.
6. I am satisfied then that an Order should now issue that requires 986 Corporation Pty Ltd to pay Mr Hitchman one amount of $1,743.00 and then three amounts of $7,917.00, being by way of salary that is due to him under his contract of employment which has been denied him by 986 Corporation Pty Ltd. I am further satisfied that the three amounts claimed by him (being incentive payments for the three quarters ending 30 June 2001) are calculated in accordance with the manner in which his incentive has been calculated. Accordingly I am satisfied that an Order should also issue that he also be paid amounts of $7,382.00, $119.00 and $1,800.00 being the incentive payments that are applicable to him for those three months. In each case those payments are gross and they add up as I find to an amount of $36,793.00.
7. Therefore an Order ought now be issued requiring 986 Corporation Pty Ltd to pay forthwith Mr Hitchman the sum of $36,793.00 gross; that being all entitlements due to him under his contract of employment which has been denied him by 986 Corporation Pty Ltd.
8. Order accordingly.