ERM Power Ltd v Omanski and Q-COMP [2012] QIRC 68

CITATION: ERM Power Ltd AND Veronica Mary Omanski (First Respondent) and Q-COMP (Second Respondent) (WC/2012/287) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations (Tribunals) Rules 2011 - r. 61 - setting aside attendance notice Workers' Compensation and Rehabilitation Act 2003 - s. 550 - procedure for appeal ERM Power Ltd AND Veronica Mary Omanski (First Respondent) and Q-COMP (Second Respondent) (WC/2012/287) COMMISSIONER FISHER 26 July 2012 Appeal against decision of Review Unit, Q-COMP - Application by non-party to set aside attendance notice - Grounds of relevance and/or oppression - First respondent presses for documents to be produced - Second respondent appeared but did not make any submissions - Determinations made in relation to documents to be produced. DECISION [1] ERM Power Ltd (ERM) made an application to set aside (in part) an Attendance Notice to Produce filed by Veronica Mary Omanski, the First Respondent in these proceedings and the Appellant in proceedings against Q-COMP (Q-COMP) (WC/2012/38). ERM is not a party to the proceedings against Q-COMP nor has it sought leave to appear and be heard in the appeal. [2] ERM has objected to the production of six categories of documents primarily on the grounds of relevance and/or oppression. In relation to some categories of documents sought, documents pertaining to Ms Omanski have been produced but documents relating to other employees have not. Ms Omanski still presses for the documents to be produced on the grounds they are relevant to the matters in issue in the appeal against Q-COMP. [3] Q-COMP appeared in the proceedings but did not make any submissions in relation to the matters in issue. [4] The Queensland Industrial Relations Commission has considered the submissions of the parties to the proceedings and makes the following determinations: 1. Category 27: Production ordered of documents pertaining to paragraphs a. to g. but confined to the period up to and including 29 February 2008. The documents sought are relevant to a matter in issue, viz., Ms Omanksi's conduct and performance. 2. Category 28: No further production ordered on the grounds of oppression. The documents pertaining to Ms Omanski have been produced. 3. Category 30: Production ordered of documents pertaining to paragraphs a. to e. inclusive as they pertain to administrative staff, and paragraph k. They are relevant to matters in issue in the appeal. Production is not ordered in respect of the balance of the documents pertaining to paragraphs f. to j. inclusive and paragraph l. on the grounds of oppression. The documents given to Ms Omanski and her response have been produced. 4. Category 31: No further production ordered. The further documents sought are not relevant to the matters in issue in the appeal and production would be oppressive. The documents given to Ms Omanski and her response have been produced. 5. Category 32: No production ordered on the grounds of oppression. The documents sought are not confined to the specific matters in issue and the time frame specified extends beyond the date of decompensation. 6. Category 41: No further production ordered. The time frame specified in the Attendance Notice to Produced extends beyond the date of decompensation and the documents are therefore irrelevant. [5] The documents are required to be produced to the Queensland Industrial Relations Commission at Level 13, Central Plaza 2, 66 Eagle Street, Brisbane on 30 July 2012 at 10 a.m. [6] The issue of costs is reserved until further notice from ERM. -- 1 of 2 -- 2 [7] Order accordingly. G.K. FISHER, Commissioner. Hearing Details: 2012 25 July Released: 26 July 2012 Appearances: Mr A.J. Deane, Clayton Utz Solicitors for the Applicant. Ms A. Milner, Milner Lawyers and with her Mr D. Young, Young Law for the First Respondent. Mr G. Clark on behalf of Q-COMP, the Second Respondent. -- 2 of 2 --