Mastrangeli v Girle - [2023] ICQ 24

INDUSTRIAL COURT OF QUEENSLAND

CITATION:	Mastrangeli v Girle and Anor [2023] ICQ 024
PARTIES:	CESIRA LESLEY MASTRANGELI (Appellant) v ANDREW GIRLE (First Respondent) STATE OF QUEENSLAND (QUEENSLAND POLICE SERVICE) (Second Respondent)
CASE NO:	C/2023/28
PROCEEDING:	Application in existing proceedings
DELIVERED ON:	30 October 2023
HEARING DATE:	On the papers
MEMBER:	Merrell DP
ORDER:	*Pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011, the Appellant's application to appeal, filed on 4 July 2023, is dismissed.*
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – Appellant employed by the State of Queensland in the Queensland Police Service – upon the Appellant's return to work after a period of maternity leave, by agreement between the Appellant and the First Respondent, the Appellant worked on a part-time basis – Appellant alleged that she was the subject of direct discrimination, in contravention of the Anti-Discrimination Act 1991, on the basis of the attributes of relationship status, parental status, family responsibilities and her association with persons who have a disability – complaint made by Appellant to the Anti-Discrimination Commission, Queensland – Appellant's complaint referred to the Queensland Industrial Relations Commission – Appellant's complaint heard by the Queensland Industrial Relations Commission – Appellant's complaint dismissed by the Queensland Industrial Relations Commission – Appellant appealed to the Industrial Court of Queensland against the decision of the Queensland Industrial Relations Commission dismissing her complaint – Directions Order made by the Industrial Court of Queensland for the hearing and determination of the Appellant's appeal –Order that the Appellant file and serve written submissions by 30 August 2023 – Appellant failed to comply with Order – Respondents made application in existing proceedings for the Industrial Court of Queensland to dismiss the Appellant's appeal because of non-compliance with the Order – Directions Order made for the determination of the Respondents' application – submissions filed by Respondents – no submissions filed by Appellant – Appellant's application to appeal dismissed
LEGISLATION:	Industrial Relations Act 2016, s 557 Industrial Relations (Tribunals) Rules 2011, r 5, r 6, r 41 and r 45
CASES:	Mastrangeli v Girle & Anor [2023] QIRC 175 Paul Scott v State of Queensland & Ors [2019] QIRC 115

Introduction

The Appellant, Ms Mastrangeli, was employed by the State of Queensland in the Queensland Police Service in the position of Intelligence Support Officer, classification AO2, for the State Intelligence Group, Intelligence Support Team. Mr Girle is a sworn police officer, holding the rank of Sergeant, and was the direct supervisor of the Appellant.
After a period of maternity leave in 2014 and 2015, the Appellant and the First Respondent made an agreement about the Appellant working on a part-time basis.
The Appellant subsequently made a complaint to the Anti-Discrimination Commission, Queensland alleging that she had been the subject of unlawful direct and indirect discrimination in contravention of the Anti-Discrimination Act 1991. The Appellant complained that she was treated unfavourably in the work area on the basis of her relationship status, her parental status, her…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2023] ICQ 24
Decision Date: 30 October 2023

CaseChat Overview and Summary

The case of Mastrangeli v Girle involves an appeal by the Appellant, who is an employee of the State of Queensland within the Queensland Police Service. The Appellant had alleged that she faced direct discrimination based on her relationship status, parental status, family responsibilities, and association with persons who have a disability. This discrimination was alleged to contravene the Anti-Discrimination Act 1991. The complaint was initially made to the Anti-Discrimination Commission, Queensland, and subsequently referred to the Queensland Industrial Relations Commission. After hearing the complaint, the Commission dismissed the Appellant's case. The Appellant then appealed to the Industrial Court of Queensland against the decision of the Queensland Industrial Relations Commission.

The central legal issues the court had to address were whether the Appellant's appeal against the dismissal of her complaint should be entertained, and if the Appellant's non-compliance with an Order of the Industrial Court warranted the dismissal of her appeal. Specifically, the court had to consider whether the Appellant's failure to comply with a specific date for filing written submissions, as mandated by a Directions Order, justified the dismissal of her appeal. The Respondents argued that the Appellant's non-compliance with the Order should result in the dismissal of her appeal, while the Appellant did not file any submissions in response to the Respondents' application.

The court found that the Appellant's failure to comply with the Directions Order, which required her to file and serve written submissions by 30 August 2023, constituted a significant procedural default. Given the Appellant's non-compliance, the court concluded that it was appropriate to dismiss her appeal. The Respondents' application to dismiss the Appellant's appeal due to non-compliance was granted, and the Appellant's application to appeal was dismissed. The court held that the Appellant's failure to adhere to the mandated procedural requirements warranted the dismissal of her appeal, as per the provisions of r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011.

The final orders of the court were that the Appellant's application to appeal, filed on 4 July 2023, was dismissed. This decision was made pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011, reflecting the court's view that the Appellant's non-compliance with the procedural requirements warranted the dismissal of her appeal.

Orders

Orders of the court

Pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011, the Appellant's application to appeal, filed on 4 July 2023, is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

In these circumstances, the Appellant's application to appeal against the Primary Decision should be dismissed.Conclusion For the reasons given, pursuant to r 45(3)(a) of the Rules, I will dismiss the Appellant's proceeding, namely her application to appeal against the Primary Decision.Order The Court makes the following order:Pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011, the Appellant's application to appeal, filed on 4 July 2023, is dismissed.

Ratio Decidendi

Legal Principle Established

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