Gibbons (Department of Justice and Attorney General) v Ebet Limited

[2014] QIRC 16

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Gibbons (Department of Justice and Attorney General) v Ebet Limited [2014] QIRC 016

PARTIES:  

Gibbons, Jason Clifford (Department of Justice and Attorney General)
Applicant

v

Ebet Limited
Respondent

CASE NO:

B/2013/62

PROCEEDING:

Application to recover unpaid wages

DELIVERED ON:

24 January 2014

HEARING DATE: 

13 January 2014

MEMBER:

Deputy President Kaufman

ORDERS   :

Respondent to make full and proper disclosure of all documents in its possession or control relevant to the matters in the proceedings.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION TO RECOVER UNPAID WAGES - Disclosure of all documents - Documents referred to in application to be provided - Respondent to make full and proper disclosure.

CASES:

Industrial Relations Act 1999

APPEARANCES:

Mr P Waltham for the Department of Justice and Attorney General, the Applicant
Mr C Mossman, M + K Lawyers, for the Respondent

1. On 13 January 2013 I ordered that Ebet Limited (Ebet) make full and proper disclosure of all documents in its possession or control relevant to the matters in the proceedings.

1. These are my reasons for so ordering.  These reasons should be read in conjunction with my reasons for decision in matter B/2013/70 wherein the background is sufficiently set out.

1. Having dismissed Ebet's application to strike out, it is apparent that documents going to the three alternative ways in which the Department of Justice and Attorney General (the Department) puts its case are relevant.

1. Ebet had merely disclosed the court documents in the proceeding, correspondence flowing between the parties and the basic employment records of the employee.

1. In my view this does not go anywhere near providing adequate disclosure.

1. Although I did not order that specific documents or classes of documents be disclosed, I indicated that I considered that most of the documents referred to in the Department’s application for full disclosure ought be provided.

1. The Commission orders accordingly.