Clausen v Disability Services Queensland [2001] QIRC 31 (2001) 166 QGIG 311

23 March, 2001 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 311 ########################################################################################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 74 – application for reinstatement Simone Clausen AND Disability Services Queensland (B1536 of 2000) COMMISSIONER BLADES 9 March 2001 REPORT ON DECISION (as edited) In giving his decision from the Bench at Rockhampton on 2 March 2001, Commissioner Blades said:– “The cases of Mr Dowson and Ms Clausen were set to proceed together in this Commission on 28 February to and including 2 March 2001 at Rockhampton by virtue of a directions order issued on 22 December 2000. The applicant in this matter, Ms Clausen, has not appeared at this hearing. The Union, which initially represented Ms Clausen, has been unable to contact her and the directions order has been breached in that witness statements on her behalf were not filed by 4.00 p.m. on 17 January 2001. The Union has indicated to the Commission that Ms Clausen advised verbally that she did not wish to proceed with her application and that is supported by an indication from the bar table today as to a conversation between Ms Clausen and Ms O’Keefe (a witness for Disability Services Queensland). However, Ms Clausen has taken no action to discontinue her matter. Ms Clausen’s current whereabouts are unknown. A Summons to Witness was issued by the respondent in the Dowson proceeding but has not been served. Today is the third day of the Dowson trial. Mr Dowson has indicated, and in fact filed, a Notice of Discontinuance, and his action is now finalised. On the evidence that I have heard in that case, which will be similar to the evidence to be heard in the Clausen case, that action was appropriate. It is also appropriate that Ms Clausen’s action not proceed any further. Being satisfied that further proceedings by the Commission are not necessary or desirable in the public interest, I order that, under section 331 of the Industrial Relations Act 1999 Ms Clausen’s application be dismissed. I order accordingly.”. By the Commission, [L.S.] E. EWALD, Industrial Registrar. Appearances:– Mr M. Rodgers, Livingstones Australia, with him Mr N. Twist, of Disability Services Queensland, for the Respondent. -- 1 of 1 --