Citation : 2006 WAIRC 04786 File No : U 116 of 2005 CatchWords: Industrial Law (WA) - Application for adjournment to December 2009 - Appellant medically unfit until July 2009 - Adjournment application to December opposed - Concern about continued delay - Adjournment granted until August 2009 - Minute of proposed order Result: Adjournment granted. Representation: Appellant : In person Respondent : Ms R Hartley (of Counsel) 616 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 89 W.A.I.G. Reasons for Decision RITTER AP: Introduction 1 By an order dated 17 November 2008, the Full Bench required the appellant to file and serve proposed amended grounds of appeal on or before 4 May 2009 and listed the appeal for hearing on 18 May 2009. The Application 2 On 23 April 2009 the appellant filed an application for a “variation” of these orders. The application was supported by a letter which set out the reasons for the application. The Grounds for the Application 3 The letter said that the appellant had “very critical situations” which had caused him “many stresses” and he had been placed on anti-depressant tablets by his doctor. The letter elaborated that the appellant had recently been attacked by a group in Northbridge. The appellant said he suffered injuries to his head and face and had bruises “all over” his body. The letter said he had been admitted to Royal Perth Hospital for a few days and was still under treatment. Attached to the application were a series of photographs of the appellant which graphically demonstrated his injuries. 4 Also attached to the application was a letter from Dr John Crawford of the Joondalup Drive Medical Centre dated 29 April 2009. Dr Crawford confirmed the appellant was assaulted on 6 March 2009, knocked unconscious by his assailants and attended at the Royal Perth Hospital. Dr Crawford said the injuries were significant and he was still recovering. He suggested the appeal be deferred until July 2009 when the appellant would be “able to better prepare his documents”. 5 The letter also said that before the attack the appellant had been to Egypt to see his brother who was ill after having a stroke. The appellant said that he was planning to return to Egypt to see his brother during August 2009 and would be there for 10 weeks. Attached to the application was an e-ticket receipt for travel from Perth to Cairo on 23 August 2009, returning on 9 November 2009. 6 The appellant’s letter requested in effect, the deferral of the filing of the proposed amended grounds of appeal and the hearing of the appeal until he returned from Egypt. 7 In a subsequent letter to the Commission the appellant clarified that his application was for the appeal not to be heard until December 2009. The Respondent’s Position 8 The respondent provided her submissions upon the application by way of a letter to the Commission from her solicitors contained in an email dated 7 May 2009. The letter said that whilst the respondent was not “wishing to be unreasonable”, she was not prepared to consent to the appellant’s request for an adjournment until December 2009. The letter said that whilst there was sympathy for the appellant’s plight the respondent could not see why such a lengthy adjournment was required. Reference was made to the letter from Dr Crawford requesting that the matter be adjourned until July 2009 and the “travel itinerary” which showed the appellant did not travel to Cairo until 23 August 2009. It was submitted that the appeal could and should be listed for hearing in August 2009, prior to the appellant’s departure to Egypt. It was submitted that the appeal has been ongoing for some time and the respondent was eager to see it finalised. Analysis 9 In my opinion the appellant has demonstrated that there are grounds which make it just to vacate the present date for the hearing of the appeal. I accept however the respondent’s submission that there are insufficient grounds to defer the hearing of the appeal until December 2009. Dr Crawford’s letter provides that the appellant is only medically unfit until July 2009. After that, there is time to hear the appeal before the appellant departs for Egypt. Additionally, at the directions hearing on 17 November 2008, when the present hearing date was set, both the respondent and the Full Bench indicated concern about the continued delay in the resolution of the appeal. The appeal has been pending for a considerable period of time and needs to be finalised. Minute of Proposed Order 10 Accordingly, in my opinion the following orders should be made: 1. The orders made by the Full Bench on 17 November 2008 are revoked. 2. The appellant file and serve his proposed amended grounds of appeal on or before 5 August 2009. 3. The appeal be listed for hearing on 13 August 2009 at 10.30am. 11 A minute of proposed order should be issued in these terms with the parties having three days in which to provide written submissions by way of a “speaking to the minute”. BEECH CC: 12 I have read the Reasons for Decision of his Honour, the Acting President and I agree with those reasons and have nothing to add. 89 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 617 SCOTT C: 13 I have had the benefit of reading the Reasons for Decision of his Honour the Acting President. I agree with those Reasons and have nothing to add. 2009 WAIRC 00284 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES EDWARD MICHAEL APPELLANT -and- DIRECTOR GENERAL, DEPARTMENT OF EDUCATION AND TRAINING RESPONDENT CORAM FULL BENCH THE HONOURABLE M T RITTER, ACTING PRESIDENT CHIEF COMMISSIONER A R BEECH COMMISSIONER P E SCOTT DATE FRIDAY, 15 MAY 2009 FILE NO FBA 27 OF 2006 CITATION NO. 2009 WAIRC 00284 Decision Adjournment granted. Appearances Appellant: In person Respondent: Ms R Hartley (of Counsel) Order Having heard Mr E Michael on his own behalf as the appellant, and Ms R Hartley (of Counsel) on behalf of the respondent, and reasons for decision having been delivered on 12 May 2009 it is this day, 15 May 2009, ordered that: 1. The orders made by the Full Bench on 17 November 2008 are revoked. 2. The appellant file and serve his proposed amended grounds of appeal on or before 5 August 2009. 3. The appeal be listed for hearing on 13 August 2009 at 10.30am. By the Full Bench (Sgd.) M T RITTER, [L.S.] Acting President. 2009 WAIRC 00282 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES MARINA SALDANHA APPELLANT -and- FUJITSU AUSTRALIA PTY LTD RESPONDENT CORAM FULL BENCH THE HONOURABLE M T RITTER, ACTING PRESIDENT CHIEF COMMISSIONER A R BEECH COMMISSIONER S J KENNER DATE WEDNESDAY, 13 MAY 2009 FILE NO FBA 1 OF 2009 CITATION NO. 2009 WAIRC 00282 618 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 89 W.A.I.G. Decision Consent order issued amending the name of respondent Order Whereas the respondent has filed in the Commission on 12 May 2009 a consent order to correct the name of the respondent, it is this day, 13 May 2009, ordered by consent that: 1. The name of respondent be changed to Fujitsu Australia Ltd. By the Full Bench (Sgd.) M T RITTER, [L.S.] Acting President. 2009 WAIRC 00299 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES MARINA SALDANHA APPELLANT -v- FUJITSU AUSTRALIA LTD RESPONDENT CORAM FULL BENCH THE HONOURABLE M T RITTER, ACTING PRESIDENT CHIEF COMMISSIONER A R BEECH COMMISSIONER S J KENNER DATE FRIDAY, 22 MAY 2009 FILE NO. FBA 1 OF 2009 CITATION NO. 2009 WAIRC 00299 Decision Order issued re Practice Note 1 of 2008 Appearances Appellant In person Respondent Ms F Stanton, (of Counsel) Order THE FULL BENCH having received a request from the appellant that because she will not be represented in the proceedings a direction be issued that she need not comply with Practice Note 1 of 2008, which is not objected to by the respondent, it is this day, 22 May 2009, ordered that: 1. The appellant is not required to comply with Practice Note 1 of 2008. By the Full Bench (Sgd.) M T RITTER, [L.S.] Acting President. 89 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 619 2009 WAIRC 00340 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION FULL BENCH