Department of Education, Training and Employment v McIntyre [2012] QIRC 348

CITATION: Department of Education, Training and Employment AND Kennedy McIntyre (B/2012/42) - Decision http://www.qirc.qld.gov.au QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 331 - decisions generally Department of Education, Training and Employment AND Kennedy McIntyre (B/2012/42) VICE PRESIDENT LINNANE 22 August 2012 REPORT ON DECISION (as edited) In giving her decision from the Bench on 21 August 2012, Vice President Linnane stated: "On 14 March 2012 Kennedy McIntyre lodged an application seeking his reinstatement as a Senior Teacher Primary with the Department of Education, Training and Employment (TD/2012/15). On 26 April 2012 directions were issued for the further conduct of Mr McIntyre's application with the hearing of the matter scheduled for 27 - 30 August 2012. On 2 July 2012 Mr McIntyre notified the Commission via e-mail (Exhibit 2) that he had 'decided to withdraw my application for reinstatement'. On the same day my Associate forwarded Mr McIntyre a Notice of Discontinuance for him to complete but neither the Commission nor the Industrial Registry has received the completed Notice of Discontinuance. In the meantime Mr McIntyre has failed to comply with any of the directions contained in the Further Directions Order dated 26 April 2012. On 26 July 2012 the Department of Education, Training and Employment filed this application to have matter TD/2012/15 struck out pursuant to s. 331(b) of the Industrial Relations Act 1999. Section 331(b) provides as follows: 331 Decisions generally The court or commission may, in an industrial cause - b) dismiss the cause, or refrain from hearing, further hearing, or deciding the cause, if the court or commission considers - (i) the cause is trivial; or (ii) further proceedings by the court or commission are not necessary or desirable in the public interest. In all of the circumstances I dismiss TD/2012/15 as I consider that further proceedings by this Commission are not necessary or desirable in the public interest. Order accordingly.". By the Commission, [L.S.] G.D. SAVILL. Industrial Registrar. Released: 22 August 2012 Appearances: Mr R. Keast, Department of Education, Training and Employment for the Applicant. -- 1 of 1 --