Ettienne Van Tonder v South West Aboriginal Land and Sea Council
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
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