Benchmark WA Industrial Relations Case Database

Ettienne Van Tonder v South West Aboriginal Land and Sea Council

[2021] WAIRC 524 Single Commissioner (WAIRC) 2021-10-06 File: U 56/2021
Source
Senior Commissioner Cosentino
Not yet cited by other cases
Applicant: Ettienne Van Tonder
Respondent: South West Aboriginal Land and Sea Council

Ratio

The Commission made procedural directions for the conduct of an unfair dismissal application pursuant to s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA), adjourning the directions hearing to allow the parties to confer regarding discovery.

Outcome

Resolved adjourned

Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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 · 5

  • Application made under s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA)
  • Directions hearing scheduled for 23 September 2021
  • Parties submitted minute of proposed consent orders on 23 September 2021
  • Parties to confer regarding discovery
  • Directions hearing adjourned to 27 October 2021

Legislation referenced

  • Industrial Relations Act 1979 (WA) s 29(1)(b)(i)

Concept tags · 4

[P]Unfair dismissal (WA) [S]Discovery / inspection of documents [M]s29AA 'industrial instrument' carve-out — when threshold does not apply [M]Procedural fairness at dismissal stage
Archived text (237 words)
UNFAIR DISMISSAL APPLICATION WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Ettienne Van Tonder APPLICANT -v- South West Aboriginal Land and Sea Council RESPONDENT CORAM Senior Commissioner R Cosentino DATE WEDNESDAY, 6 OCTOBER 2021 FILE NO/S U 56 OF 2021 CITATION NO. 2021 WAIRC 00524 Result Order issued Representation Applicant Mr S Kemp, of counsel Respondent Ms C Vinciullo, of counsel Order WHEREAS this is an application pursuant to s 29(1)(b)(i) of the Industrial Relations Act 1979 (WA); AND WHEREAS a directions hearing was listed for 23 September 2021 at 2:15pm in respect of programming the matter for hearing; AND WHEREAS on 23 September 2021, the respondent’s representative wrote to the Commission and attached a minute of proposed consent orders in relation to programming, signed by both parties; AND WHEREAS on 23 September 2021, the Commission considered the correspondence; AND WHEREAS on 23 September 2021, the Commission wrote to the parties requesting unavailable dates for the purpose of re-listing the directions hearing; NOW THEREFORE the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), and by consent, hereby orders – 1. THAT the parties are to confer regarding discovery and any application for formal discovery is to be made on or before 15 October 2021. 2. THAT the directions hearing listed for 23 September 2021 be adjourned to 27 October 2021 at 10:00am. 3. THAT the parties have liberty to apply. Senior Commissioner R Cosentino