Mason Say Yadi v Plasmatronics Pty Ltd

[2015] FWC 651

[2015] FWC 651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mason Say Yadi
v
Plasmatronics Pty Ltd
(U2014/7988)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 27 JANUARY 2015

Application for relief from unfair dismissal.

[1] Mr Mason Say Yadi made an application for the production of documents to support his unfair dismissal claim.

[2] I reviewed the initial application and as it was not clear how the documents sought were relevant to the proceedings. I declined to issue the order at that time and referred the matter to a mention to hear submissions from both Mr Say Yadi and Plasmatronics about the proposed order. Mr Say Yadi then made an application for a further order to produce. The applications for orders for the production of documents were listed for a mention on 11 November 2014.

[3] On 7 November 2014, Mr Say Yadi advised his case manager that he did not want the matter heard by me because as he believed “the DP had a clerk by the name of Jennifer Hutchinson (in 2013) who is the sister of the Respondent.”

[4] Mr Say Yadi was advised that I would be presiding at the mention and he advised that he would not attend the mention or the hearing.

The approach to the granting of orders.

[5] Commissioner Jones 1 set out the principles to be followed by the Commission in deciding whether to issue a notice to produce and I adopt the approach outlined in that decision.

Findings

[6] The orders sought by Mr Say Yadi were unclear. It was also not clear what relevance some of the documents sought were to the issues in dispute. For that reason Mr Say Yadi was given an opportunity at the mention to explain the reasons he was seeking the documents.

[7] However Mr Say Yadi did not attend the telephone mention to make submissions in support of his application. Accordingly I declined to issue the orders.

[8] Mr Say Yadi was advised of that decision on 19 November 2014 and he was also advised that any application he wished to make to have the matter heard by another member of the Commission needed to be made at the hearing of the matter and that I would determine that application on the basis of any submissions made by the parties.

[9] Mr Say Yadi’s application for an unfair dismissal remedy remains listed before me on 2 February 2015. Mr Say Yadi may apply to have me stand down at the hearing and I will consider that application if it is made. The parties should ensure that their witnesses are present so that they may be questioned by the other party. The parties are required to attend the hearing. I note Mr Say Yadi’s earlier advice that he does not intend attending the hearing. If he fails to attend the hearing the matter will be heard and determined in his absence. Any party seeking an adjournment of this hearing must do so in writing prior to the hearing and must provide evidence to support the application.

DEPUTY PRESIDENT

 1   Australian Nursing Federation v Victorian Hospitals' Industrial Association [2011] FWA 8756.

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