Alan James Epis v Chief Executive Officer City of Bunbury
Chief Commissioner Scott
Not yet cited by other cases
Applicant: Alan James Epis
Respondent: Chief Executive Officer City of Bunbury
Ratio
The application was procedural in nature, seeking orders to shorten time for filing a response, expedite the matter, and permit email service in a s 29(1)(b)(ii) claim for denial of contractual benefits. The Chief Commissioner granted all procedural orders sought.
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 · 4
- Applicant claimed denial of a benefit under contract of employment, not arising from award or order
- Matter referred to WAIRC under s 29(1)(b)(ii)
- Application made on 3 January 2017 seeking urgent orders
- Respondent was Chief Executive Officer of City of Bunbury
Legislation referenced
- Industrial Relations Act 1979 (WA) s 29(1)(b)(ii)
- Industrial Relations Act 1979 (WA) s 32
Concept tags · 4
Archived text (310 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Alan James Epis
APPLICANT
-v-
Chief Executive Officer City of Bunbury
RESPONDENT
CORAM CHIEF COMMISSIONER P E SCOTT
DATE Tuesday, 3 January 2017
FILE NO/S B 222 OF 2016
CITATION NO. 2017 WAIRC 00002
Result Order issued
Representation
Applicant Mr K Trainer as agent
Respondent Ms B MacMillan
Order
WHEREAS this is an application pursuant to s 29(1)(b)(ii) of the Industrial Relations Act 1979, by which the applicant refers to the Commission a claim that he has been denied a benefit, not being a benefit arising under an award or order, to which he is entitled under his contract of employment; and
WHEREAS the applicant seeks that the Commission:
1. Order that the time for the respondent to file a response to the Form 3 be shortened to close of business Wednesday 4 January 2017,
2. Expedite the progress of the matter, and
3. permit the service of the application by email; and
WHEREAS the Commission has made enquiries of the parties as to the circumstances of the matter and considered the matter, and has decided to grant the applicant’s requests set out above.
NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders:
1. THAT the parties may serve documents by email.
2. THAT the applicant serve the respondent with the Form 3 as a matter of urgency.
3. THAT the respondent file with the Commission and serve on the applicant’s agent, its response to the claim no later than 5 pm on Wednesday, 4 January 2017.
4. THAT the parties make themselves available for a conference to be convened by the Commission pursuant to s 32 of the Industrial Relations Act 1979 on Thursday, 5 January 2017 in the afternoon or Friday, 6 January 2017 in the morning.
CHIEF COMMISSIONER P E SCOTT