Wage tiff settled

City trainer ordered to pay up

PROMINENT Toowoomba racehorse training operation TJ Sears Racing was ordered to pay $1398.88 in outstanding wages after the close of a protracted dispute.

Plaintiff Elly Fitzgerald worked for the business from January 16 to August 29, 2016.

Ms Fitzgerald claimed she was employed as a casual foreman, responsible for a stable of about 20 horses.

She claimed TJ Sears Racing paid her about $6 below the national award for a casual foreman.

After a failed mediation attempt, the matter proceeded to the Toowoomba Magistrates Court on July 6, 2020 where Ms Fitzgerald claimed about $6000 in unpaid wages.

On February 19, Magistrate Damian Carroll handed down his ruling, finding in partial favour of the plaintiff.

The root of Ms Fitzgerald’s claim was an assumed verbal agreement that she was to be in “charge of the main barn” operated by TJ Sears Racing.

In giving evidence, Ms Fitzgerald said she fulfilled the role of a foreman as described under the Horse and Greyhound Training Award, including directing track work, being in charge of not less than three stable hands and ensuring they followed the racing rules.

While Ms Fitzgerald told the court her starting time was consistent but she could leave at any time or when the work was done.

Mr Carroll found Ms Fitzgerald’s pattern of work fitted that of a permanent staff member, and he dismissed her claim of being a foreman, citing the active role Tony Sears played in directing staff.

Mr Carroll also found Ms Fitzgerald’s employment fitted that of a grade two stable hand and not a foreman.

Speaking after the ruling, Ms Fitzgerald said she was disappointed that her claim as a casual employee was dismissed.

“This a really slippery slope with what is a causal and what is not,” she said. “Just because you are employed as a casual, does not mean you are.

“The courts are looking at your pattern of work and expectation of hours.”