Commercial and General Insurance Brokers Pty Ltd v Mather [2006] QIRC 27 (2006) 181 QGIG 279

[Extract from Queensland Government Industrial Gazette, dated 24 February, 2006, Vol. 181, No. 8, pages 279-280] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 335 - general power to award costs Commercial and General Insurance Brokers Pty Ltd AND Wendy Gaye Mather (B/2005/1236) VICE PRESIDENT LINNANE 13 February 2006 Application for payment of costs - Costs order granted - Industrial Relations Act 1999 s. 335 DECISION [1] This is an application by Commercial and General Insurance Brokers Pty Ltd seeking costs against Wendy Gaye Mather pursuant to s. 335 of the Industrial Relations Act 1999 (Act). The substantive application is one by Ms Mather seeking reinstatement (B/2004/564). Ms Mather's unfair dismissal matter has a long history. [2] Ms Mather filed B/2004/564 out of time. It was filed in this Commission on 6 April 2004. Conferences were held before a Member of this Commission on 4 May and 18 May 2004 and a Certificate was issued on 18 May 2004. [3] At some point after this Ms Mather's dismissal found its way to the Australian Industrial Relations Commission (AIRC) and a conference was held by a Member of the AIRC. It would also seem that an application for an extension of time was needed in the AIRC. Commercial and General Insurance Brokers Pty Ltd then sought costs in the AIRC which ultimately resulted in the Solicitor for Ms Mather paying costs. [4] The matter then returns to this Commission and there is a hearing on the question of the extension of time. Commissioner Asbury granted the extension of time in Wendy Gaye Mather v Commercial and General Insurance Brokers (2005) 178 QGIG 132. [5] The substantive unfair dismissal matter was then set down for hearing on 14 and 15 March 2005 before the Commission as currently constituted. On the morning of 14 March 2005 I was approached by Counsel for Ms Mather and Mr Muir, representing the Respondent, wherein I was asked to adjourn the hearing of the matter. I was informed that Ms Mather had made certain oral allegations that her Counsel needed to have her swear to before he would take the matter any further. The allegations were rather serious in nature. I agreed to the adjournment. Since 14 March 2005 the Industrial Registry has received no communication from Ms Mather or those representing her. [6] This application was then filed on 9 December 2005. It seems likely that the matter would have lapsed on 13 March 2006 had Commercial and General Insurance Brokers Pty Ltd not filed this application. In any event Ms Mather seeks to pursue her application for unfair dismissal even though she took no steps to pursue her claim during the period 14 March 2005 to the date of hearing of this application, i.e. 24 January 2006. [7] It appears that little has been done about the allegations raised by Ms Mather on 14 March 2005. Those allegations apparently have not progressed beyond complaints made to certain authorities. [8] It seems to me that Ms Mather has caused Commercial and General Insurance Pty Ltd to incur costs in this Commission because of an unreasonable act connected with the conduct of her unfair dismissal application. It is now some eleven (11) months since the allegations were made and the relevant authorities have not pursued her allegations. There has been no communication from Ms Mather or her legal representatives with the Industrial Registry since 14 March 2005. [9] I asked Mr Muir to provide me with an Affidavit dealing with General and Commercial Insurance Brokers Pty Ltd costs of 14 March 2005 in B/2004/564 and the costs of the current application. That Affidavit was filed on 27 January 2006 seeking an amount of $1,275.00. That Affidavit was served on Solicitors for Ms Mather on 2 February 2006. No response to that Affidavit has been received. I can only assume that Ms Mather does not take issue with the material contained therein. The claim by Mr Muir is, in my view, reasonable. [10] Ms Mather's application has been set down for hearing on 20 and 21 March 2006. The parties were advised at the conclusion of the matter on 26 January 2005 that I would make an order as to costs but the quantum was unknown. I now order Wendy Gaye Mather to pay an amount of $1,275.00 in costs to Commercial and General Insurance Brokers Pty Ltd. This amount is to be paid within twenty-one (21) days of the release of this decision. [11] The application by Commercial and General Insurance Brokers Pty Ltd also sought an order that any further hearing of matter B/2004/564 not occur, as such would not be desirable in the public interest. I have not exercised my discretion under s. 331 of the Act at this time. The matter will proceed on 20 and 21 March 2006 provided that the cost order has been met within the stipulated time. -- 1 of 2 -- 2 Order accordingly. D.M. LINNANE, Vice President. Hearing Details: 2006 4, 24 January Released: 13 January 2006 Appearances: Mr G. Muir of Employer Services Pty Ltd for the Applicant. Mr G. Ploetz of M A Kent & Associates for the Respondent. Government Printer, Queensland The State of Queensland 2006. -- 2 of 2 --