Betting chips on table at Star City Casino in /Sydney,  Mar 1999 Gambling generic
Betting chips on table at Star City Casino in /Sydney, Mar 1999 Gambling generic

Why Casino games dealer was sacked

A GAMES dealer fired from The Star a month shy of serving 10 years has lost his fight to receive a partial payout of his long service leave.

David Anthony Schipp took the Gold Coast casino to court twice, but hasn't been able to secure a cent of the money he wants.

An appeal made by both him and the State Government vying for him to be paid was knocked back in the Industrial Court of Queensland last week.

Mr Schipp had been away from his role for nearly a year because of anxiety and stress when he was given a termination letter on April 28 last year, court documents allege.

Mr Schipp was weeks away from marking 10 years at The Star.
Mr Schipp was weeks away from marking 10 years at The Star.

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The termination letter given to Mr Schipp by The Star allegedly contained this explanation: "Your employment has been terminated on the basis of you being unable to fulfil the inherent requirements of the role of games dealer."

Mr Schipp's original application to get paid partial long service leave, which workers become eligible for after serving seven years with a company, was knocked back in March.

The Queensland Industrial Relations Commission was told his employment was terminated on the basis that he did not have the "capacity" to fulfil the job, disqualifying a person from partial long service leave.

A worker loses eligibility for partial long service leave payment if they are let go because of their "conduct, capacity or performance" under the Industrial Relations Act 2016.

The matter has now been before court.
The matter has now been before court.

Mr Schipp argued that his employment was terminated because of illness which would make him entitled to the partial payment. He worked at The Star for nine years, 11 months and three days.

The Government also appealed the ruling in March to deny him payment.

Last week, barrister Jim Murdoch, on behalf of the Government, said "an error of law" had been made in distinguishing the definitions of "capacity" and "illness".

However, in dismissing the appeals, Queensland Industrial Relations Commission deputy president John Merrell said: "Despite the skill with which Mr Murdoch QC argued the case … and despite Mr Schipp's impassioned plea in his submissions … the Industrial Commissioner did not misconstrue the meaning of the noun 'capacity' in the phrase 'conduct, capacity or performance."