Jason Zhou v Curtin University — Benchmark — WA Industrial Relations Case Database

Ratio

The Commission extended time for the applicant to provide particulars of his claim under s 29(1)(b)(ii) of the Industrial Relations Act 1979 due to medical illness, amending the deadline from 10 July 2015 to 30 July 2015, despite medical certificates being provided after the initial deadline.

Outcome

Resolved other

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8

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 sought extension of time on 8 July 2015 to provide particulars due to illness
Medical certificates provided on 13 July 2015 and 16 July 2015 covering periods from 9 to 14 July, 14 to 17 July, and 16 to 23 July 2015
Original deadline to provide particulars was 4.00 pm on 10 July 2015
Application concerns claimed entitlements for wages, annual leave, superannuation, sick leave, and medical expenses covering period 2005 to 2015

Factors

For

Applicant's medical illness as reason for delay
Medical certificates provided in support of request
Discretion available to Commission to extend time in appropriate circumstances

Against

Medical certificates were provided after the required deadline had passed

Legislation referenced

Industrial Relations Act 1979 (WA) s29(1)(b)(ii)
Industrial Relations Act 1979 (WA) s27(1)

Concept tags · 9

[P]Denied contractual benefits (WA s29(1)(b)) [P]Extension of time to file [P]Time limits for filing [S]Procedural fairness at dismissal stage [S]Wages — payment obligations [S]Annual leave [S]Personal/carer's leave [S]Superannuation guarantee [S]Medical incapacity

Principles · 1

articulates para 3

The Commission may extend time for compliance with procedural orders where the applicant provides a reasonable explanation supported by medical evidence, even if that evidence is provided after the deadline has passed.

Subsequent treatment · 1

Cited / considered· 1

Cited

(2015) 95 WAIG WAIRC — Single Commissioner — MISSIONER P E SCOTT DATE TUESDAY, 18 AUGUST 2015

Related cases · 10

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(2023) 103 WAIG 2023 PL 33 OF 2023 CITATION NO. 2023 WAIRC 00729 Result Order issued...	WAIRC — Single Commissioner	2023-08-31		3
(2015) 95 WAIG 5 WRITTEN SUBMISSIONS FRIDAY, 10 APRIL 2015; MONDAY, 13 APRIL 2015; TUESDAY,...	WAIRC — Single Commissioner	2015-03-26		3
(2014) 94 WAIG ORAM : COMMISSIONER S J KENNER HEARD : FRIDAY, 11 JULY 2014, WEDNESDAY, 3...	WAIRC — Single Commissioner	2014-07-11		3
(2012) 92 WAIG MISSION CITATION : 2012 WAIRC 00713 CORAM : COMMISSIONER S J KENNER HEARD :...	WAIRC — Single Commissioner	2012-07-23		3
(2012) 92 WAIG 4 COMMISSIONER J L HARRISON HEARD : FRIDAY, 22 JUNE 2012 WRITTEN SUBMISSIONS...	WAIRC — Single Commissioner	2012-06-22		3
(2003) 83 WAIG PARTIES ADAM KALAVROUZIOTIS v GOBAL PAINTING	WAIRC — Single Commissioner	2003-09-12		3
(2002) 82 WAIG 6 PARTIES SONYA RUTH CORCORAN v GIBSON QUAI PTY LTD	WAIRC — Single Commissioner	2001-12-12		3

Archived text (386 words)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Jason Zhou APPLICANT -v- Curtin University RESPONDENT CORAM Commissioner J L Harrison DATE friday, 17 July 2015 FILE NO/S B 58 OF 2015 CITATION NO. 2015 WAIRC 00521 Result Amending Order issued Representation Applicant In person Respondent Ms J van den Herik Order This is an application under s 29(1)(b)(ii) of the Industrial Relations Act 1979 (the Act). On 2 July 2015 the Commission issued an order that the applicant provide particulars of his claim to the Commission and the respondent by 4.00 pm on 10 July 2015. On 8 July 2015 the applicant rang the Commission seeking an extension of time to provide the particulars due to illness. In support of his request, the applicant provided medical certificates covering the period 9 to 14 July 2015 on 13 July 2015 and the periods 14 to 17 July 2015 and 16 to 23 July 2015 on 16 July 2015. Given the reason for the applicant’s request to extend time, and even though the medical certificates provided by the applicant were provided after he was required to provide particulars of his claim, the Commission is of the view that it is appropriate to amend the order that issued on 2 July 2015 to extend time for the applicant to provide the required information to 30 July 2015. The Commission orders that the applicant provide the following information to the Commission with a copy to the respondent by 4.00 pm 30 July 2015: 1. The amounts he claims he is due to be paid and the dates these claims cover, specified on a yearly basis, for each of the following: (a) Wages; (b) Annual Leave; (c) Superannuation; and (d) Sick leave. 2. The medical expenses being claimed and the amount for each item. 3. Documents confirming his employment with the respondent for the period 2005 to 2015. 4. Written confirmation of his terms and conditions of employment with the respondent for the period 2005 to 2015. If the applicant does not provide the information required of him with a copy to the respondent by the due date as specified in this order, the matter may be listed for a show cause hearing as to why the matter should not be dismissed pursuant to section 27(1) of the Act. Commissioner J L Harrison