WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES PHILLIP LAURENCE BARNES APPLICANT -v- GE COMMERCIAL CORPORATION (AUSTRALIA) PTY LTD (ACN 000 974 747) RESPONDENT CORAM COMMISSIONER J H SMITH DATE WEDNESDAY, 28 JULY 2004 FILE NO. APPL 588 OF 2004 CITATION NO. 2004 WAIRC 12141 Result Order for discovery made Representation Applicant Mr G Stubbs (of counsel) Respondent Mr T Chin (of counsel) Order HAVING heard Mr G Stubbs of counsel on behalf of the Applicant and Mr T Chin of counsel on behalf of the Respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – 1. The Applicant to file and serve on the Respondent, his list of all relevant documents in his possession, custody or power within 14 days of the date of this order, including but not limited to: (a) All medical certificates and reports in relation to the Applicant's motor vehicle accident on or around 28 March 2004 up to and including 14 June 2004. (b) Documents evidencing payment of any compensation or the like to the Applicant, including in relation to lost wages, as a result of the motor vehicle accident that occurred on or around 28 March 2004. These documents should include all documents up to and including the date of discovery. (c) Copies of any document, letter, facsimile, file note or the like evidencing the provision of advice to the Respondent as to the Applicant's absence from work including the provision of medical certificates to the Respondent. This order is limited to the absence that commenced on or around 29 March 2004. (d) Copies of all notes, including file notes and diary notes taken in relation to conversations held by the Applicant with Mr Shane Smith or any other employee of the Respondent in relation to SOT logs and procedures, stock checks, floor inspections or performance issues. (e) Copies of any documents including timetables, schedules and diary entries relating to appointments to conduct stock checks and floor inspections. 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2711 (f) Copies of documents in relation to the Applicant's attempts to mitigate any loss subsequent to termination by the Respondent, including any applications for employment and responses thereto. 2. The Respondent to file and serve on the Applicant, their list of all relevant documents in their possession, custody or power within 14 days of the date of this order, including but not limited to: (a) The Applicant's personnel file, duty statement and contract of employment. (b) The Applicant's pay records for the period from 14 April 2003 to 14 April 2004, including all records relating to commissions and bonuses paid or may have been payable to the Applicant save for the termination. (c) The Applicant's annual, sick and other leave records for the period from 1 September 2003 to 14 April 2004. (d) All notes, memoranda, letters, e-mails, telephone message recordings and the like relating to any annual, sick and other leave taken by the Applicant in the six months prior to the termination. (e) All notes, memoranda, letters, e-mails and the like relating to any disciplinary actions, counselling, performance issues and termination in respect of the Applicant. (f) All internal policies, directives, memoranda, letters, e-mails, notes, telephone message recordings and the like relating to SOT logs which the Respondent will rely on at the hearing of this matter. (g) All directions, notes, memoranda, letters, e-mails, telephone message recordings and the like issued in relation to stock checks which the Respondent will rely on at the hearing of this matter. (h) All notes, memoranda, statements, letters, e-mail, telephone message recordings and the like made by the Respondent in relation to the investigation which led to the termination of the Applicant in respect of the stock levels and stock checks at Bruce Ford Equipment, Sea Sport Marine, Aqua Technics, Team Freedom and Electronic Interiors. (Sgd.) J H SMITH, [L.S.] Commissioner. 2004 WAIRC 12232