QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | |
PARTIES: | Natoli, Danielle v McInnes Wilson Lawyers |
CASE NO: | B/2020/65 |
PROCEEDING: | Application for proportionate payment of long service leave |
DELIVERED ON: | 5 February 2021 |
HEARING DATES: | On the papers |
MEMBER: HEARD AT: | McLennan IC Brisbane |
ORDERS: | 1. That the application filed by Ms Natoli on 2 September 2020 is dismissed. |
| CATCHWORDS: | INDUSTRIAL LAW – LONG SERVICE LEAVE – where the applicant was directed to file materials and failed to do so – consideration of rule 45 of the Industrial Relations (Tribunals) Rules 2011 (Qld) |
LEGISLATION: CASES: | Industrial Relations (Tribunals) Rules 2011 (Qld) r 41, r 45 Cady v Capital SMART Repairs Australia Pty Ltd & Anor [2019] QIRC 144 Cooper v. Hopgood & Ganim [1998] QCA 114 Lenijamar Pty Ltd and Ors v AGC (Advances) Ltd [1990] 98 ALR 200 Quaedvlieg and Ors v Boral Resources (Qld) Pty Ltd [2005] QIC 73 Quinlan v Rothwell & Anor [2001] QCA 176 Seymour v Workers' Compensation Regulator [2017] QIRC 061 Treanor v State of Queensland [2019] QIRC 146 Witten v Lombard Australia Ltd (1968) 88 W.N. (Pt. 1) N.S.W. 405 |
Reasons for Decision
Ms Danielle Natoli (the Applicant) filed a Form 14 – Application for proportionate payment of long service leave (the Application) on 2 September 2020. In brief, the Application relates to Ms Natoli’s claim that she terminated her employment because of illness, and so is entitled to proportionate payment of long service leave under s 95(4) of the Industrial Relations Act 2016 (Qld).[1]
[1] ‘the IR Act’.
The matter was conferenced before Commissioner Hartigan on 10 September 2020. The Application did not resolve at conference, and so was referred to me for hearing.
A Further Directions Order was issued to the parties on 21 September 2020 requiring the parties to file a Statement of Facts and Contentions (‘SOFC’) and a list of witnesses to be called and notifying the parties that the matter would be mentioned once that had occurred. Those Directions were sent to the two email addresses which Ms Natoli had used throughout these proceedings to communicate with the Commission and Industrial Registry. Those were also the email addresses Ms Natoli provided as her contact email on the Application.
That Further Directions Order required Ms Natoli to file her SOFC by 4pm on 6 October 2020. That did not occur.
By way of emails from my Associate dated 26 October 2020 and 4 November 2020, Ms Natoli was asked to explain why the delay had occurred, and to advise what the status of her matter was.
On 5 November 2020, Ms Natoli replied to those correspondences. In short, she said she had been busy with her job, that she would like some further information about the matter from the Respondent (by way of references to what is said to have…
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- Case
- [2021] QIRC 41
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. That the application filed by Ms Natoli on 2 September 2020 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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