THAT on or before 5.00pm on 23 February 2018 the email to the v the Commission: • a list of the

(2018) 98 WAIG Single Commissioner (WAIRC) 2017-11-22

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Not yet cited by other cases

APPLICANT: THAT on or before 5.00pm on 23 February 2018 the respondent email to the

RESPONDENT: the Commission: • a list of the

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Concept tags · 3

[P]Personal/carer's leave [S]Unfair dismissal (WA) [S]Unfair dismissal (federal)

Cases cited in this decision · 2

Cited

[2017] WAIRC 957 — Kim Chua v The City of Nedlands

"…WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES KIM CHUA APPLICANT -v- THE CITY OF NEDLANDS RESPONDENT CORAM COMMISSIONER D J MATTHEWS DATE WEDNESDAY, 22 NOVEMBER 2017 FILE NO/S U 31 OF 2017 CITATION NO....…"

Cited

[2018] WAIRC 260 — Kim Chua v The City of Nedlands

"…authorities; on which it intends to rely. (4) THAT the matter be listed for a hearing of two day’s duration on dates to be fixed by the Commission. (5) THAT the parties have liberty to apply at short notice. (Sgd.) D...…"

Archived text (413 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES KIM CHUA APPLICANT -v- THE CITY OF NEDLANDS RESPONDENT CORAM COMMISSIONER D J MATTHEWS DATE WEDNESDAY, 22 NOVEMBER 2017 FILE NO/S U 31 OF 2017 CITATION NO. 2017 WAIRC 00957 Result Orders made Representation Applicant In person Respondent Mr B Taylor of counsel Orders HAVING heard the applicant on his own behalf and Mr B Taylor of counsel for the respondent on the papers and by consent; NOW THEREFORE I, the undersigned, pursuant to the powers conferred on me under the Industrial Relations Act 1979 hereby order – (1) THAT by 5.00pm on 22 December 2017, the respondent provide to the applicant by USB storage device couriered to him at the address on his application (or other address nominated by the applicant) documents in the respondent’s possession, custody and control as follows: (a) All emails between the applicant and Ms Shelley Mettam relevant to management action carried out by Ms Mettam towards the applicant for the six month period leading up to the date of his dismissal; and (b) All emails between the applicant and Ms Loraine Driscoll relevant to management action carried out by Ms Driscoll towards the applicant for the six month period leading up to the date of his dismissal; and (c) An application for sick leave dated on or about January 10 2017, which the applicant says was placed in Ms Driscoll's in tray. with the exception of such documents considered by the respondent to be commercially sensitive or subject to legal professional privilege with such documents being identified to the applicant and the basis of the claim stated. (2) THAT on or before 5.00pm on 25 January 2018 the applicant email to the respondent and the Commission: • a list of the applicant’s witnesses for attendance at the hearing; • written submissions; • any documents; and • cases and authorities; on which he intends to rely. 218 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 98 W.A.I.G. (3) THAT on or before 5.00pm on 23 February 2018 the respondent email to the applicant and the Commission: • a list of the respondent’s witnesses for attendance at the hearing; • written submissions; • any documents; and • cases and authorities; on which it intends to rely. (4) THAT the matter be listed for a hearing of two day’s duration on dates to be fixed by the Commission. (5) THAT the parties have liberty to apply at short notice. (Sgd.) D J MATTHEWS, [L.S.] Commissioner. 2018 WAIRC 00260