T7432
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Australian Liquor, Hospitality and Miscellaneous Workers Union and Minister for Public Sector Administration
Industrial dispute - termination of employment - conciliation exhausted - Commission's role in conciliation process - application referred back to the President of the Commission with the recommendation it be reassigned for hearing and determination REASONS FOR INTERIM DECISION On 22 December 1997 the Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (the applicant), applied to the President pursuant to s.29(1) of the Industrial Relations Act 1984 (the Act), for a hearing before a Commissioner in respect of an industrial dispute with Minister for Public Sector Administration (the respondent), arising out of the dismissal of a school attendant - Mr Robert Ackerley - who was employed at the Invermay Primary School. On 23 December 1997 the President convened a hearing before myself, and the proceedings commenced on 30 January 1998. After hearing preliminary submissions associated with the application, the parties entered private discussions with the Commission in an attempt to settle the dispute. At the conclusion of the conference the hearing was adjourned to enable the respondent to further consider the issues. On 6 February 1988 the Commission was informed the matter could not be settled through the conciliation process and the applicant requested the hearing be reconvened for the purpose of determining the issues in dispute. In view of the role adopted by the Commission, as currently constituted, in the conciliation process, I feel that it is appropriate that I disqualify myself from further hearing this matter. The file associated with this application will be returned to the President, with a request that the application be reassigned to another member of the Commission for hearing and determination.
R J Watling Appearances: Date and place of hearing: |