The Commission has set aside a summons for a Bishop to give evidence as to the identity of the legal employing authority in a contractual benefit claim.

The applicant, a teacher, issued a summons for the Bishop to give evidence in this matter. He submitted that the ‘legal’ employer needed to be verified before the hearing, as the employment authority changed between the Bishop of Bunbury, the Catholic Education Commission of WA and the College Principal several times. The applicant maintained that the Bishop was aware of the terms of his employment contract and this matter.

The applicant further submitted that the attendance of the Bishop was required because he had been misdirected by the Roman Catholic Bishop of Bunbury (RCBB) on the issue of the legal identity.

The respondent, the RCBB, applied for the summons to be set aside. It submitted that the Bishop had no knowledge about the terms of the employment contract and was not able to respond to questions concerning the employment contract. The respondent contended that it would be inefficient and unnecessary for the Bishop to give evidence in this matter.

Commissioner Walkington found that the employing authority was the RCBB as per an order made on 1 July 2020 to amend the name of the respondent to the “Roman Catholic Bishop of Bunbury”. She found that the issue of the legal employing authority was considered and determined at the time this order was made.

Walkington C also found that the applicant had not provided any evidence to support his assertion that the RCBB had sought to misdirect him as to the legal employing authority.

The summons has been set aside by order.

The decision can be read here.