Tysoe v State of Queensland (Metro North Hospital and Health Service)
[2015] QIRC 118
•16 June 2015
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Tysoe v State of Queensland (Metro North Hospital and Health Service) [2015] QIRC 118 |
PARTIES: | Tysoe, Michael v State of Queensland (Metro North Hospital and Health Service) |
CASE NO: | TD/2014/98 |
PROCEEDING: | Application for Extension of Time |
DELIVERED ON: | 16 June 2015 |
HEARING DATE: | 12 June 2015 |
MEMBER: | Industrial Commissioner Fisher |
ORDER: | The application for an extension of time is dismissed. |
| CATCHWORDS: | INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - application for extension of time - whether Commission should exercise its discretion to extend time for filing - no attendance by the applicant - applicant received Further Directions Order - partial compliance - applicant fails to notify inability to attend - applicant unable to be contacted - application dismissed |
| CASES: | Industrial Relations (Tribunals) Rules 2011, r 45 |
| APPEARANCES: | No appearance for the Applicant. |
Decision
On 12 June 2015 I gave an extemporaneous decision dismissing an application by Michael Tysoe to extend the time for filing his application for reinstatement. These are those reasons, as edited and slightly expanded:
"Rule 45 of the Industrial Relations (Tribunals) Rules 2011 allows the Commission to dismiss a proceeding where a party to the proceeding receives notice of a directions order made by the Commission stating the time, date and place for a hearing and the party fails to attend the hearing.
I am aware that Mr Tysoe attended the Call Over before the Vice President where he received notice of the date for the hearing and dates for other steps to be taken. I am also satisfied that Mr Tysoe received the Further Directions Order as he has partially complied. The correspondence received by the Respondent also shows that Mr Tysoe received the Further Directions Order and indicated some compliance with it.
Correspondence sent by the Respondent and my Associate to Mr Tysoe informed him of the requirement to comply with the Further Directions Order and that the proceedings might be dismissed in the event of non-compliance.
It is clear that Mr Tysoe has not attended today. Prior to the commencement of these proceedings I had my Associate check with the Registry to see whether Mr Tysoe had made any contact by telephone or email and was advised he had not. After the proceedings commenced and in the presence of the Respondent, my Associate telephoned Mr Tysoe on his mobile telephone, however, the number has been disconnected. My Associate also called for Mr Tysoe in the Commission precincts but was unable to locate him.
The Commission is satisfied that both the Respondent and the Commission advised Mr Tysoe of the requirement to comply with the Further Directions Order and attend the proceedings. The Commission is further satisfied that Mr Tysoe was made aware of the nature, time, date and place of the proceedings as well as the consequences of not complying with the Further Directions Order. He has failed to attend and not provided notice of his non-attendance. In the circumstances I have no other course of action but to dismiss the proceedings under Rule 45(3)(a) of the Rules."
The effect of not granting the extension of time is that the application for reinstatement has not been validly filed and cannot therefore be heard and determined.
Order accordingly.
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