UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Glenn Robert Macdonald

APPLICANT

-v-

Public Transport Authority of Western Australia

RESPONDENT

CORAM Commissioner T Kucera

DATE MONday, 31 March 2025

FILE NO/S U 119 OF 2024

CITATION NO. 2025 WAIRC 00200

Result Application dismissed

Representation

Applicant Mr G Macdonald

Respondent Ms S Power (of counsel)

Order

WHEREAS the applicant on 15 November 2024, filed a Form 2 –Unfair Dismissal Application pursuant to s 29 (1)(c) of the Industrial Relations Act 1979 (WA) (unfair dismissal application);

AND WHEREAS the unfair dismissal application was referred to, but was unable to be resolved at a conciliation conference that was convened on 6 February 2025;

AND WHEREAS the Commission on 19 February 2025 issued orders by consent, programming the unfair dismissal application for arbitration (programming orders);

AND WHEREAS the programming orders variously included dates by which the parties were required to file, any outlines of witness evidence to be prepared in accordance with Practice Note 9, together with any documents to be relied upon as evidence (witness outlines and supporting documents);

AND WHEREAS the applicant was, pursuant Order 3 of the programming orders, required to file any witness outlines and supporting documents by Monday, 17 March 2025;

AND WHEREAS the applicant did not comply with Order 3 of the programming orders by the date specified;

AND WHEREAS the applicant on 19 March 2025 made a Form 1A Application in which he sought an extension of time for him to file any witness outlines and supporting documents by 2 April 2024 (interlocutory application);

AND WHEREAS the Commission convened a directions hearing on 24 March 2025 (directions hearing), to hear the interlocutory application, which was opposed by the respondent;

AND WHEREAS the Commission, during the directions hearing, determined that orders should issue on 24 March 2025 in the following terms;

1. THAT the date by which the applicant is to file any outlines of witness evidence, in accordance with Order 3 of the Orders the Commission issued by consent, on 19 February 2025 (programming orders), be extended to Tuesday 25 March 2025.
2. THAT if the applicant fails to comply with, Order 3 of the programming orders, by Tuesday 25 March 2025, application U 119 of 2024 will be dismissed.

AND WHEREAS the applicant did not comply with the Order 1 of the orders the Commission issued on 24 March 2025, by the date specified;

NOW THEREFORE the Commission, pursuant to the powers conferred under s27 of the Industrial Relations Act 1979 (WA), hereby orders –

                THAT application U 119 of 2024 be dismissed.

Commissioner T Kucera