Panos Panayiotou v University of Adelaide T/A University of Adelaide
[2020] FWCFB 1140
•2 MARCH 2020
| [2020] FWCFB 1140 |
| FAIR WORK COMMISSION |
SUPPLEMENTARY STATEMENT |
Fair Work Act 2009
s.604—Appeal of decision
Panos Panayiotou
v
University of Adelaide T/A University of Adelaide
(C2019/7975)
JUSTICE ROSS, PRESIDENT |
|
Application for an extension of time within which to lodge appeal – fourth appeal – response to queries regarding compliance with the Directions.
Context
[1] On 24 February 2020, this Full Bench issued a statement 1 (the February 2020 Statement) in matter C2019/7975 arising from Mr Panayiotou’s fourth appeal of matter U2019/3430. The February 2020 Statement expressed provisional views concerning the disposition of the fourth appeal (Provisional Views).
[2] The February 2020 Statement contained directions inviting the parties to file written submissions in response to the Provisional Views (Directions).
[3] By email to the Fair Work Commission’s Executive Director, Tribunal Services on 24 February 2020, Mr Panayiotou raised the following queries regarding compliance with the Directions:
“1. I refer to the received Directions issued by the Fair Work Commission that was issued 24 - Feb -2020 for an application that was lodged by myself on 23 - Dec - 2019.
2. Given I was seemingly instructed to communicate with you only for matters involving the commission and also given the apparent circumstance of you not being included in the email issuing directions from the Commission; it seems fair if you could you please confirm that the attachment directions (reattached for your convenience) accurately reflects my current relationship/current position regarding my Unfair Dismissal Case with the Fair Work Commission. Would it be a bad idea for you to do this?
3. I feel like a decision only made in books is disadvantageous for the Commission’s ideals of non-prejudice behavior and overall procedural fairness of this matter.
It seems fair for the case to be heard in a formal hearing. It seems fair for me to ask Mr. Murray how request that this hearing be conducted in person. How can I request if the Commission will be willing to hear my case in a video hearing?
4. If email responses cannot be provided then I am happy to schedule a phone interview with either Chambers Ross or CEO Mr. Murray.
However, confirmation that these directions are accurate seem to be required from Mr. Murray.”
[4] The purpose of this statement is to address Mr Panayiotou’s queries.
Response
[5] In an interlocutory decision issued by this Full Bench on 23 October 2019 2 in proceedings C2019/5541 and C2019/6144 (Interlocutory Decision), Mr Panayiotou was instructed not to communicate with the Chambers of Members comprising this Full Bench or their Associates, outside of lodging materials in accordance with the Directions issued by the Full Bench.3
[6] The Interlocutory Decision directed that all correspondence, other than submissions, be directed to the Executive Director, Tribunal Services, Mr Murray Furlong.
[7] Consistent with the Interlocutory Decision, the Directions make clear that all submissions in response to our Provisional Views are to be sent in a Word document to [email protected] (Direction [3]).
[8] For the avoidance of doubt, Mr Panayiotou may communicate with the Chambers of Justice Ross for the limited purpose of filing written submissions in response to our Provisional Views.
[9] Accordingly, all correspondence from Mr Panayiotou, other than submissions filed in accordance with the Directions, must continue to be directed to the Executive Director, Tribunal Services, Mr Murray Furlong at [email protected].
[10] While we understand that Mr Panayiotou may have expressed a position in response to our Provisional Views by email to Mr Furlong dated 24 February 2020, we refer Mr Panayiotou to the Directions and the requirements contained therein.
[11] We note that Mr Panayiotou has made a request for an oral hearing. Having regard to the history of the proceeding, we reject the request and will determine the matter on the basis of the submissions received from the parties in accordance with the Directions in the February 2020 Statement.
PRESIDENT
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1 [2020] FWCFB 832
2 [2019] FWCFB 7325
3 Ibid at [30]
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