Garry Ronald Formica -v- Barry Irwin
Document Type: Order
Matter Number: U 58/2024
Matter Description: Unfair Dismissal Application
Industry: Private Households Emplyg Staf
Jurisdiction: Single Commissioner
Member/Magistrate name: Commissioner C Tsang
Delivery Date: 14 Nov 2024
Result: Direction issued
Citation: 2024 WAIRC 00976
WAIG Reference:
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES GARRY RONALD FORMICA
APPLICANT
-V-
BARRY IRWIN
RESPONDENT
CORAM COMMISSIONER C TSANG
DATE THURSDAY, 14 NOVEMBER 2024
FILE NO. U 58 OF 2024
CITATION NO. 2024 WAIRC 00976
Result Direction issued
Representation
APPLICANT MR G R FORMICA
RESPONDENT NO APPEARANCE
Direction
WHEREAS on 13 June 2024, the applicant filed a Form 2 – Unfair Dismissal Application (Unfair Dismissal Claim);
AND WHEREAS on 23 July 2024, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application, in which was raised a jurisdictional objection that the applicant was not an employee (Jurisdictional Objection);
AND WHEREAS on 31 October 2024, Notices of Hearing were issued to the parties listing the matter for a Directions Hearing on Wednesday, 13 November 2024 at 10:30am;
NOW THEREFORE, there being no appearance at the Directions Hearing from the respondent, and having heard from Mr G R Formica on his own behalf, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –
1. THAT the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection be listed for hearing on Wednesday, 26 March 2025 at 10:30am (Hearing).
2. THAT the applicant file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 11 December 2024.
3. THAT the respondent file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 15 January 2025.
4. THAT the applicant file by Wednesday, 12 February 2025:
(a) the outlines of witness evidence and documents in response to the matters raised in the respondent’s outlines of witness evidence and documents; and
(b) the outline of submissions that he intends to rely upon at the Hearing.
5. THAT the respondent file the outline of submissions that he intends to rely upon at the Hearing by Wednesday, 12 March 2025.
6. THAT the parties have liberty to apply.
COMMISSIONER C TSANG
UNFAIR DISMISSAL APPLICATION
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Garry Ronald Formica
APPLICANT
-v-
Barry Irwin
RESPONDENT
CORAM Commissioner C Tsang
DATE thursday, 14 November 2024
FILE NO. U 58 OF 2024
CITATION NO. 2024 WAIRC 00976
Result Direction issued
Representation
Applicant Mr G R Formica
Respondent No appearance
Direction
WHEREAS on 13 June 2024, the applicant filed a Form 2 – Unfair Dismissal Application (Unfair Dismissal Claim);
AND WHEREAS on 23 July 2024, the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application, in which was raised a jurisdictional objection that the applicant was not an employee (Jurisdictional Objection);
AND WHEREAS on 31 October 2024, Notices of Hearing were issued to the parties listing the matter for a Directions Hearing on Wednesday, 13 November 2024 at 10:30am;
NOW THEREFORE, there being no appearance at the Directions Hearing from the respondent, and having heard from Mr G R Formica on his own behalf, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –
1. THAT the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection be listed for hearing on Wednesday, 26 March 2025 at 10:30am (Hearing).
2. THAT the applicant file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 11 December 2024.
3. THAT the respondent file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 15 January 2025.
4. THAT the applicant file by Wednesday, 12 February 2025:
(a) the outlines of witness evidence and documents in response to the matters raised in the respondent’s outlines of witness evidence and documents; and
(b) the outline of submissions that he intends to rely upon at the Hearing.
5. THAT the respondent file the outline of submissions that he intends to rely upon at the Hearing by Wednesday, 12 March 2025.
6. THAT the parties have liberty to apply.
Commissioner C Tsang