Dr Alfonso Giacomo Trudu v Commonwealth Scientific and Industrial Research Organisation T/A CSIRO

[2014] FWC 2830

[2014] FWC 2830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Dr Alfonso Giacomo Trudu
v
Commonwealth Scientific and Industrial Research Organisation T/A CSIRO
(U2010/12224)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 30 APRIL 2014

Application for relief from unfair dismissal.

[1] Dr Alfonso Trudu was dismissed by the Commonwealth Scientific and Industrial Research Organisation (CSIRO) on 23 August 2010. Dr Trudu filed an application seeking a remedy for unfair dismissal.

[2] The application was initially listed for hearing in January 2011 and both parties were directed to file material in November 2010.

[3] A number of hearing dates were vacated due to Dr Trudu’s medical condition. On 12 October 2011, Dr Trudu was advised that his application would be adjourned until he provides the Fair Work Commission (the Commission) with a medical clearance that he is capable of proceeding with his application. There was no opposition to this indefinite adjournment by the CSIRO.

[4] In February 2013, Dr Trudu advised that he was still unwell and could not proceed with his application.

[5] In December 2013, Dr Trudu’s medical practitioner advised that his condition had stabilized and that he would soon be able to resume the preparation of his case. A further suspension was sought.

[6] The matter was listed for a mention on 15 January 2014 to determine the future programming of the matter. Dr Trudu advised that he wished to proceed with his application. That was opposed by the CSIRO.

[7] On 31 January 2014, CSIRO foreshadowed an application to have Dr Trudu’s application dismissed and submitted that such an application could be dealt with on the papers.

[8] On 5 February 2014, CSIRO made an application to have the claim dismissed. Directions were issued for the CSIRO to file submissions and witness statements in support of that application by 25 February 2014 and Dr Trudu was given until 11 March 2014 to file submissions and witness statements in opposition to the application.

[9] CSIRO filed material in accordance with the directions.

[10] On 5 February 2014, Dr Trudu’s medical practitioner said that he lacked capacity to participate in proceedings. The issue of his capacity centred on his capacity to represent himself.

[11] On 9 March 2014, Dr Trudu again sought an adjournment until May 2014. The Applicant further advised on 11 March 2014 that he was leaving the country on 14 March 2014. The CSIRO advised that they opposed the application for an adjournment.

[12] Dr Trudu was advised that his request for an adjournment had not been granted but that no final decision would be made until he returned on 5 April 2014.

[13] Dr Trudu has not made further contact with the Commission.

[14] I have decided to not grant an adjournment of CSIRO’s application to dismiss Dr Trudu’s application.

[15] One of the objects of the Fair Work Act 2009 is to provide a remedy if a dismissal is found to be unfair. Such remedies included reinstatement and/or compensation. In this matter Dr Trudu is seeking reinstatement. The Commission, in dealing with unfair dismissal claims, is required to provide a fair go to both employers and employees. Part of that is hearing and determining matters promptly whilst providing procedural fairness to both parties.

[16] Dr Trudu’s medical certificate does not advise that he is legally incompetent. It states that he is not able to prepare his case and represent himself. I note however, that during the time Dr Trudu’s medical practitioner had advised the Commission that he was unfit to proceed with his application, he was able to participate in proceedings before the Administrative Appeals Tribunal.

[17] I accept that Dr Trudu may have difficulty representing himself however, Dr Trudu has the option of arranging other representation. Dr Trudu will be directed to file and serve material in opposition to CSIRO’s application to dismiss his unfair dismissal claim by 30 May 2014. If the parties agree then the application will be heard on the papers. If there is no agreement or there are contested facts, the matter will be set down for hearing on 5 June 2014.

DEPUTY PRESIDENT

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