Benchmark WA Industrial Relations Case Database

Donald Andrew Parnell v The Roman Catholic Archbishop of Perth

[2020] WAIRC 900 Full Bench (WAIRC) 2020-11-09 File: FBA 9/2020
Source
Chief Commissioner Scott, Commissioner Emmanuel, Commissioner Walkington
Not yet cited by other cases
Appellant: Donald Andrew Parnell
Respondent: The Roman Catholic Archbishop of Perth

Ratio

The Full Bench dismissed the appellant's application to amend ground 5 of the appeal and admit new evidence regarding termination of Clarissa Hunter's employment. The summonses issued to four persons/entities were set aside, and exhibits R9 and C1 were deemed included in the Appeal Book but remained suppressed save for inspection by the parties' representatives/counsel.

Outcome

Resolved other

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

  • Appeal filed by Donald Andrew Parnell against The Roman Catholic Archbishop of Perth
  • Application sought amendment to ground 5 of appeal
  • Application sought admission of new evidence regarding termination of Clarissa Hunter's employment
  • Exhibits R9 and C1 previously suppressed at first instance by Senior Commissioner Kenner
  • Summonses issued to four persons/entities: Debra Sayce, Richard Miles, The Secretary of Catholic Education Western Australia Limited, and Bishop of Bunbury (Gerald Holohan)

Concept tags · 5

[P]Reopening evidence [P]Internal appeals (FB, FWCFB) [S]Joinder / amendment of parties [S]Subpoena / witness summons [M]Unfair dismissal (WA)
Archived text (233 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Donald Andrew Parnell APPELLANT -v- The Roman Catholic Archbishop of Perth RESPONDENT CORAM FULL BENCH CHIEF COMMISSIONER P E SCOTT COMMISSIONER T EMMANUEL COMMISSIONER T B WALKINGTON DATE Monday, 9 November 2020 FILE NO/S FBA 9 OF 2020 CITATION NO. 2020 WAIRC 00900 Result Order issued Appearances Appellant Mr P Mullally as agent Respondent Mr I Curlewis of counsel Order Having heard from Mr P Mullally as agent on behalf of the appellant, and Mr I Curlewis of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979 (WA), hereby orders – THAT Exhibits “R9” and “C1” are hereby deemed to be included in the Appeal Book filed on 25 August 2020. THAT Exhibits “R9” and “C1” remain supressed in accordance with the decision of Senior Commissioner Kenner at first instance but may be inspected by the representative or counsel of each party. THAT the application filed by the appellant on 5 October 2020 seeking: To amend ground 5 of the Appeal; and The admission of new evidence regarding the termination of employment of Clarissa Hunter, be and is hereby dismissed. THAT the summonses issued to: Debra Sayce; Richard Miles; The Secretary, Catholic Education Western Australia Limited; and Bishop of Bunbury (Gerald Holohan), be set aside. By the Full Bench CHIEF COMMISSIONER P E SCOTT