Jason Michael Carleo v A.S CAMPBELL &
Commissioner Kucera
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Jason Michael Carleo
Respondent: A.S CAMPBELL & A.R STENT
Ratio
The respondent failed to appear at a mandated conciliation conference without explanation. Accordingly, the Commission ordered the matter to proceed to a hearing to show cause why the application should not be decided in the applicant's favour, and ordered the respondent to reimburse the applicant's wasted annual leave and parking costs incurred due to the respondent's non-attendance.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.8
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 7
- Applicant filed unfair dismissal application on 16 February 2024
- Respondent filed Form 2A response on 8 March 2024
- Conciliation conference scheduled for 12 June 2024
- Respondent failed to appear at conciliation conference despite Notice of Listing requiring in-person attendance
- Applicant took half day of annual leave to attend conference
- Applicant incurred $25.31 in parking costs
- Commission unable to effect conciliation due to respondent's non-attendance
Factors
For
- Applicant complied with procedural requirements and attended conference in person as required
- Applicant incurred quantifiable loss (annual leave and parking costs) due to respondent's non-attendance
Against
- Respondent failed to appear without explanation, preventing conciliation
Legislation referenced
- Industrial Relations Act 1979 (WA) s 29(1)(c)
- Industrial Relations Act 1979 (WA) s 27
Concept tags · 5
Principles · 2
articulates para ?
Where a respondent fails to appear at a mandatory conciliation conference in breach of a Notice of Listing requiring in-person attendance, and consequently prevents conciliation from proceeding, the Commission may order the matter to proceed to a hearing to show cause and may award compensation for costs incurred by the applicant as a result of the non-attendance.
articulates para 1
The Commission has the power to order a party to compensate the other for costs thrown away due to a failure to attend a scheduled conciliation conference.
Subsequent treatment · 1
Cited / considered· 1
Cited
(2024) 104 WAIG 2
WAIRC — Single Commissioner
— ND WHEREAS the Commission listed the application for a conciliation...
Archived text (334 words)
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Jason Michael Carleo
APPLICANT
-v-
A.S CAMPBELL & A.R STENT
RESPONDENT
CORAM Commissioner T Kucera
DATE Wednesday, 12 June 2024
FILE NO/S U 16 OF 2024
CITATION NO. 2024 WAIRC 00296
Result Order issued
Representation
Applicant Mr J Carleo
Respondent No appearance
Order
WHEREAS the applicant on 16 February 2024, filed a Form 2 Unfair Dismissal Application (application) pursuant to s 29(1)(c) of the Industrial Relations Act 1979 (IR Act);
AND WHEREAS the respondent on 8 March 2024 filed a Form 2A – Employer Response to Unfair Dismissal Application;
AND WHEREAS the Commission listed the application for a conciliation conference to be held on 12 June 2024 having regard to the parties’ unavailable dates;
AND WHEREAS the Notice of Listing required the applicant and the respondent to attend the conciliation conference in person;
AND WHEREAS the respondent failed to appear at the conciliation conference as required;
AND WHEREAS the applicant had to take a half day of annual leave to attend the conciliation conference and incurred costs of $25.31 for parking;
AND WHEREAS the applicant provided a receipt for his parking costs and informed the Commission of what he would be paid to access his leave entitlement;
AND WHEREAS the Commission was, by reason of the respondent’s non-attendance, unable to deal with the application by way of conciliation;
NOW THEREFORE, the Commission pursuant to the powers vested in it under s 27 of the IR Act hereby ORDERS –
The matter will be listed for a hearing to show cause why the application should not be decided in the applicant’s favour;
The parties are to provide their unavailable dates for the months of July and August 2024 by close of business Friday 14 June 2024.
The respondent is to pay the applicant the sum of $150.36, being the total amount for a half day of annual leave that was thrown away and for the applicant’s parking costs by Friday 28 June 2024.
Commissioner T Kucera