Michael Joseph Quai Hoi v Van Leer Australia

[1995] IRCA 412

IN THE INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
  VI 2209 of 1995

B E T W E E N:

MICHAEL JOSEPH QUAI HOI
Applicant

A N D

VAN LEER AUSTRALIA PTY LIMITED
Respondent

REASONS FOR DECISION - DELIVERED EX TEMPORE

18 August 1995  PARKINSON JR

This is my decision in relation to an application by way of notice of motion made by the applicant in proceeding 2209 of 1995, that is in the Victorian list of this Court.  The application by the applicant is for an adjournment of the proceedings which are due to commence in this Court on 23 August 1995.  The respondent in the proceedings opposes the application for the adjournment. 

Having heard counsel for the applicant and the respondent in this matter I am conscious that it would be unfair to require the applicant to proceed to the hearing of the application when criminal proceedings canvassing the same matters are live and are yet to be heard. I make this decision in the knowledge of the evidentiary and procedural safeguards operating in respect of criminal proceedings. 

However, in view of the submissions of the respondent as to the prejudice it may incur as a result of such an adjournment application, it is appropriate to indicate that I will be favourably inclined to an application by the respondent at the hearing of this matter that the period of time between the adjourned hearing date that is, 22 August 1995, and the date of actual hearing, not be taken into account in respect of any orders which may issue by the Court pursuant to the application made under section 170EA of the Act.

This matter will be set down for trial before me on Monday, 9 October 1995, commencing at 10 am in Melbourne.  I will hear from the respondent as to its convenience in that regard.

[The Court made the following orders:]

1. The application made in the Notice of Motion filed by the applicant       on  15 August 1995 is granted.

1. The hearing of this matter is adjourned to 9 October 1995 at 10.00am   before Judicial Registrar Parkinson.  

I certify that this and the preceding one (1) page
are a true copy of the reasons for decision of
Judicial Registrar Parkinson delivered ex tempore
and revised from the transcript.

Associate:
Dated:    18 August 1995

Counsel appearing for the applicant:  Mr A Blackman
Representative appearing for the respondent:                Mr T Bourke

Date of hearing:  18 August 1995
Date of judgment:  18 August 1995

C A T C H W O R D S

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT -   complaint of UNLAWFUL TERMINATION - APPLICATION FOR ADJOURNMENT - concurrent criminal proceedings

Industrial Relations Act 1988, S170EA

MICHAEL JOSEPH QUAI HOI v VAN LEER AUSTRALIA PTY LTD
VI 2209 of 1995

Before: PARKINSON JR
Place:              MELBOURNE
Date:               18 AUGUST 1995