In a matter wherein the applicant claimed that her employer, the respondent, breached her contract of employment by unilaterally reducing her working hours, the respondent applied to the Commission for permission to submit additional evidence and submissions. The applicant opposed this request, arguing that the late submission of the respondent's evidence had compromised her ability to respond adequately, thus affecting the fairness of the proceedings.
Commissioner Walkington noted that the applicant had not provided a witness statement by the due date, and that it was this late submission that prompted the respondent’s request for the opportunity to submit further evidence.
The Commissioner decided to grant the respondent leave to submit further evidence and documents in order to ensure that the respondent had a fair and reasonable opportunity to present its case, in line with the principles of procedural fairness and the requirements of the Industrial Relations Act 1979 (WA).
The decision can be read here.