T6052
TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Miss Elly-Jean Sommer and Keith Mulley
Industrial dispute - termination of employment - application dismissed - file closed REASONS FOR DECISION Application was made by former employee Miss E.J. Sommer for a hearing to settle an industrial dispute pursuant to Section 29 of the Industrial Relation Act 1984 (the Act). The applicant said she was in dispute with Mr K. Mulley, a franchise holder, trading as "Tint-a-Car" at 237 Wellington Street, Launceston, concerning her termination of employment and a claim that she be reinstated in her former employment. The matter was listed for hearing in Launceston at 9.30 am on Wednesday 3 April 1996. Both Mr S. Brown of Counsel, for Miss E.J. Sommer, and Mr G. Richardson, of Counsel, for Mr K. Mulley were granted intervention by the Commission at the commencement of proceedings. Mr Richardson pointed out that whilst his client, Mr Mulley, had some association with the proprietary company by which Miss Sommer had been employed he was not, and had never been, her employer. It was argued by Mr Brown that given the circumstances it was appropriate for the Commission to permit the application to be amended and correct the error which had occurred in the application by naming Mr Mulley as the employer of Miss Sommer. In this regard reference was made to Section 21 of the Act which concerns the procedure of the Commission and associated matters. It was also submitted by Mr Brown that the amendment sought would suit the convenience of the parties then present with any witnesses brought along at that time. Furthermore if a fresh application was to become necessary then it would be beyond 14 days of the day of termination [Section 29(1B) of the Act], and therefore out of time unless the Commission could be persuaded to grant an extension of time pursuant to Section 21(2)(m) of the Act. Decision I now confirm my decision to dismiss the application in matter T. 6052 of 1996 for the following reasons:
The file is therefore closed.
A Robinson Appearances: Date and Place of Hearing: |