Mr. Ashwin Panchal v Utopia C.A. Pty Ltd — Benchmark — WA Industrial Relations Case Database

Ratio

The application was dismissed for failure to comply with the Commission's order requiring the applicant to advise of the status of related matters before the Fair Work Commission and his intentions regarding this application. The applicant provided only partial information and failed to respond to a follow-up request for clarification.

Outcome

Against applicant dismissed

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 s29(1)(b)(ii) of the Industrial Relations Act 1979
On 8 July 2016, Commission issued order requiring applicant to advise on status of related matters before Fair Work Commission and his intentions regarding this application
Applicant advised the Commission about the Fair Work Commission matter but did not indicate intentions regarding this Commission
On 28 September 2016, Commission wrote requesting update by 5 October 2016
No further contact by applicant after the request

Factors

For

Against

Applicant did not fully comply with the Commission's order of 8 July 2016
Applicant failed to indicate his intentions regarding the matter before WAIRC
Applicant did not respond to the follow-up request dated 28 September 2016

Legislation referenced

Industrial Relations Act 1979 (WA) s29(1)(b)(ii)

Concept tags · 5

[P]Unfair dismissal (WA) [P]Denied contractual benefits (WA s29(1)(b)) [S]Interlocutory summary dismissal application [S]Time limits for filing [M]Procedural fairness at dismissal stage

Cases cited in this decision · 2

Doubted

[2016] WAIRC 645 — Mr. Ashwin Panchal v Utopia C.A. Pty Ltd

"…/S B 5 OF 2016 CITATION NO. 2016 WAIRC 00788 Result Application dismissed Order WHEREAS this is an application pursuant to Section 29(1)(b)(ii) of the Industrial Relations Act 1979; and WHEREAS on Friday, 8 July...…"

Doubted

(2016) 96 WAIG 689 (not in corpus)

"…ION NO. 2016 WAIRC 00788 Result Application dismissed Order WHEREAS this is an application pursuant to Section 29(1)(b)(ii) of the Industrial Relations Act 1979; and WHEREAS on Friday, 8 July 2016, the Commission...…"

Related cases · 10

Decisions sharing two or more primary concepts with this case.

Citation	Court	Date	Outcome	Shared	Cited
[2004] WASCA 114 Matthews v Cool Or Cosy Pty Ltd & Anor	WA Court of Appeal	2004-06-01	Resolved	2	32
[2002] WASCA 191 Bgc (Australia) Pty Ltd v Phippard	WA Court of Appeal	2002-07-18	Resolved	2	12
[2002] WASCA 161 Dellys v Elderslie Finance Corporation Ltd	WA Court of Appeal	2002-06-18	Against applicant	2	10
[2007] WASCA 72 THE ST CECILIA'S COLLEGE SCHOOL BOARD -v- GRIGSON	WA Court of Appeal	2007-03-30	Against applicant	2	0
[2006] WAIRC 5293 Industrial law — Denied contractual benefits	WAIRC — Full Bench	2006-01-01	Against applicant	2	4
2025 WAIRC 00820 Phillip Trestrail v City of Karratha	WAIRC — Full Bench	2025-10-01	Resolved	2	2
[2022] WAIRC 317 Adrian Doyle v Roman Catholic Bishop of Bunbury	WAIRC — Full Bench	2022-07-29	Against applicant	2	2
[2017] WAIRC 301 Robert Kinneen v Whelans	WAIRC — Full Bench	2017-05-30	Against applicant	2	1
[2025] WAIRC 00868 Phillip Trestrail v City of Karratha	WAIRC — Full Bench	2025-10-21	For applicant	2	0
[2009] WAIRC 1300 Industrial Law (WA) — Appeal against orders made by the Commission...	WAIRC — Full Bench	2009-01-01	Against applicant	2	0

Archived text (209 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES MR. ASHWIN PANCHAL APPLICANT -v- Utopia C.A. Pty Ltd. RESPONDENT CORAM Chief Commissioner P E Scott DATE friday, 7 October 2016 FILE NO/S B 5 OF 2016 CITATION NO. 2016 WAIRC 00788 Result Application dismissed Order WHEREAS this is an application pursuant to Section 29(1)(b)(ii) of the Industrial Relations Act 1979; and WHEREAS on Friday, 8 July 2016, the Commission issued an order ([2016] WAIRC 00645; (2016) 96 WAIG 689) requiring the applicant to advise the Commission, within 21 days, of the status of related matters before the Fair Work Commission and his intentions with respect to this application; and WHEREAS the applicant advised the Commission about the matter before the Fair Work Commission, however he did not indicate his intentions regarding the matter before this Commission; and WHEREAS on Wednesday, 28 September 2016, the Commission wrote to the applicant, noting that the applicant had not fully complied with the Order and requesting an update by Wednesday, 5 October 2016; and WHEREAS there has been no further contact by the applicant. NOW THEREFORE, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders: THAT the application be, and is hereby dismissed. Chief Commissioner P E Scott