T8452
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Andrew Paul Bryan McCullagh and Evolution 2000 Real Estate Pty Ltd
Appeal - order by Commissioner Imlach in Matter T8193 of 1999 issued on 20.5.99 - alleged breach of Estate Agents Award - appeal dismissed - file closed REASONS FOR DECISION This appeal was lodged by Andrew Paul Bryan McCullagh pursuant to 70(1) of the Industrial Relations Act 1984 against an order made by Commissioner Imlach in Matter T8193 of 1999 issued on 20 May 1999. That matter was an application for a dispute hearing made by Mr McCullagh pursuant to section 29 of the Act, regarding an alleged breach of the Estate Agents Award in respect of his employment with Evolution 2000 Real Estate Pty Ltd. The appeal came before a Full Bench on 10 August 1999. Mr McCullagh represented himself and Mr M Turnbull, of Ogilvie McKenna, Barristers & Solicitors, sought and was granted leave to represent Evolution 2000 Real Estate Pty Ltd. After preliminary discussions, Mr McCullagh requested that the hearing be adjourned to enable him to get legal advice. On 30 September 1999, Mr McCullagh said, in a telephone conversation, that he would not be proceeding in the Commission but would be taking the matter to another jurisdiction. He said this advice would be conveyed to the Commission in writing. No written advice was received. In correspondence dated 1 December 1999 Mr McCullagh was informed that should no written advice be received within fourteen days it would be assumed that he did not wish to proceed, and in that case the Commission would discontinue proceedings and close the file. There was no response. In view of the above and pursuant to the provisions of section 21(2)(c) of the Act, further proceedings are discontinued, we dismiss the appeal and close the file.
F D Westwood Appearances: Date and place of hearing: |