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: 12 Dec 2024
Result: Direction issued
Citation: 2024 WAIRC 01036
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, 12 DECEMBER 2024
FILE NO. U 58 OF 2024
CITATION NO. 2024 WAIRC 01036
Result Direction issued
Representation
APPLICANT MR G R FORMICA
RESPONDENT MR B IRWIN
Direction
WHEREAS on 14 November 2024, the Commission issued Directions ([2024] WAIRC 00976) programming the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection for hearing and determination, and listing the hearing on Wednesday, 26 March 2025 at 10:30am;
AND WHEREAS on 10–11 December 2024, the applicant applied for an extension of time to comply with Direction 2 of the Directions issued on 14 November 2024 ([2024] WAIRC 00976);
AND WHEREAS the Commission has granted the applicant’s application for an extension of time;
NOW THEREFORE, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –
1. THAT both the Directions issued on 14 November 2024 ([2024] WAIRC 00976), and the hearing listed on Wednesday, 26 March 2025 at 10:30am, be vacated.
2. THAT the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection be listed for hearing and determination on a date to be determined that is not before Wednesday, 14 May 2025 (Hearing).
2. THAT the applicant file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 12 February 2025.
3. THAT the respondent file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 12 March 2025.
4. THAT the applicant file by Wednesday, 9 April 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, 7 May 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, 12 DECEMBER 2024
FILE NO. U 58 OF 2024
CITATION NO. 2024 WAIRC 01036
Result Direction issued
Representation
Applicant Mr G R Formica
Respondent Mr B Irwin
Direction
WHEREAS on 14 November 2024, the Commission issued Directions ([2024] WAIRC 00976) programming the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection for hearing and determination, and listing the hearing on Wednesday, 26 March 2025 at 10:30am;
AND WHEREAS on 10–11 December 2024, the applicant applied for an extension of time to comply with Direction 2 of the Directions issued on 14 November 2024 ([2024] WAIRC 00976);
AND WHEREAS the Commission has granted the applicant’s application for an extension of time;
NOW THEREFORE, the Commission pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs –
1. THAT both the Directions issued on 14 November 2024 ([2024] WAIRC 00976), and the hearing listed on Wednesday, 26 March 2025 at 10:30am, be vacated.
2. THAT the applicant’s Unfair Dismissal Claim and the respondent’s Jurisdictional Objection be listed for hearing and determination on a date to be determined that is not before Wednesday, 14 May 2025 (Hearing).
2. THAT the applicant file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 12 February 2025.
3. THAT the respondent file the outlines of witness evidence and documents that he intends to rely upon at the Hearing by Wednesday, 12 March 2025.
4. THAT the applicant file by Wednesday, 9 April 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, 7 May 2025.
6. THAT the parties have liberty to apply.
Commissioner C Tsang