TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of an industrial dispute

Luke Warren Bennett
(T12705 of 2006)

and

Stuart W Gath & Justin MJ Tegg trading as Craig's Bodyworks

Industrial dispute - alleged unfair termination of employment - application dismissed

REASONS FOR DECISION

[1] This application was lodged by Luke Warren Bennett (the applicant), pursuant to s.29(1A) of the Industrial Relations Act 1984, on 21 June 2006, in respect of an industrial dispute with Stuart W Gath & Justin MJ Tegg trading as Craig's Bodyworks (the respondent) re alleged unfair termination of employment.

[2] The matter was listed for Hearing (Conciliation Conference) at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Tuesday, 11 July 2006 at 9.30 am.

[3] On 11 July 2006, Mr J O'Neill, Season Buck Pty Ltd, with Mr J Tegg entered an appearance for the respondent. No appearance was entered for or on behalf of the applicant.

[4] The hearing was adjourned sine die.

[5] On 13 July 2006 a letter was posted to the applicant, stating in part as follows:

"Therefore, I inform you that the matter will been relisted for hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Tuesday, 1 August 2006 at 3.30 pm.

If you are not in attendance on that day, I hereby give notice that I intend to dismiss your application pursuant to Section 21(2)(c) of the Act.

Section 21(2)(c) of the Act provides that the Commission may, in relation to a matter before it:

"(2) Without prejudice to the generality of subsection (1), the Commission may, in relation to a matter before it -

(c) at any stage of those proceedings, dismiss a matter or a part of a matter, or refrain from further hearing, or determining, the matter or part if the Commission is satisfied -

(i) that the matter or part is trivial;

(ii) that further proceedings are not necessary or desirable in the public interest; or

(iii) ...

(iv) that, for any other reason, the matter or part should be dismissed or the hearing of those proceedings should be discontinued, as the case may be."

[6] On 1 August 2006, Mr LW Bennett entered an appearance for himself; and Mr J O'Neill, Season Buck Pty Ltd, with Mr J Tegg for the respondent.

[7] The hearing commenced with preliminary submissions, followed by the parties entering into private discussions in an attempt to settle the dispute. When the hearing reconvened, the parties informed the Commission that their negotiations had not settled the dispute. The parties were advised of the next date of hearing and that the notice would issue in due course. The hearing was adjourned sine die.

[8] On 2 August 2006 a notice of hearing was sent to the parties confirming the matter was listed for Hearing at the Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania on Tuesday, 27 September 2006 at 9.30 am.

[9] On 27 September 2006, Mr J O'Neill, Season Buck Pty Ltd, with Mr J Tegg entered an appearance for the respondent. No appearance was entered for or on behalf of the applicant.

[10] The hearing was delayed in an effort to contact the applicant, but no response was elicited from either the home or mobile phone numbers. The applicant had not contacted the Commission to advise a delay or inability to attend the hearing.

[11] When the hearing commenced at 9.40 am Mr O'Neill sought to have the application dismissed. I dismissed the application for want of prosecution.

[12] Given the above, the proceedings are discontinued in accordance with s.21 of the Act, the application is dismissed and the file closed.

James P McAlpine
COMMISSIONER

Appearances:
Mr LW Bennett for himself (1.8.06)
Mr J O'Neill, Season Buck Pty Ltd, for Stuart W Gath & Justin MJ Tegg trading as Craig's Bodyworks with Mr J Tegg (11.7.06, 1.8.06 and 27.9.06)

Date and place of hearing:
2006
July 11
August 1
September 27
Hobart