Dibb v AVCO Financial Services Ltd [1998] QIRC 219 (1998) 158 QGIG 94

94 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 29 May, 1998 ########################################################## QuEENSLAND INDUSTRIAJ. RELATIONS COMMISSION lnd11s1rial Helatio11s Ao /990 s. 295 - application f,lr reinstatement Raym,md Dihh 1\ND AVCO Financial Services Lttl /No. HI 723 of /'19tiJ COMMISSIONER BECHL Y 14 May 199li Unfair Dismi,,al - Compcn,a1ion - Quantum to be Dc1em1incd hy Confcren<;e •- Applic,m1 Refuses to Attend Conference - Commission Determine., amount of Compensation - Six Months Compt'n,ation Awarded. DECISION Hy decision of 6 June 1997 (11997] 155 QGIG 738) I found that Mr Raymond Dibb had been unfairly dismissed from his employment. I further found !hat rcin,tatemen t w1L, impractkabk and determined that ,m award of compensation ,hould be made. In order to give the panics an opponunity 10 consider the nature of the compensation I also indicated that the matter would be referred to another member of the Commission to convene a conference between them. Mr Dibb arpealcd the decision. The arpeal was rejected. Mr Dibb sought to in,titutc variou, other prcx·eedings before the President. The outcome did not alter the Preside nr·s deci,ion on appeal. In accordance with my original decision the panics were directed to anend a conference to consider the matter of compen,ation. By leuer of 19 Fehru:try 1998 Mr Dibh responded to the Regi,tmr', directions in the following terms:- ''Dear Mr Ewald. With the utmost respect to the lndu�trial Registrar's Office and the lndu,trial Commis,ion. I am obliged to put each on notice regarding mv follnwi ng pleading.�: (I). The relief ,ought in the application to commence proceedings. dated 13 February 1997 in case No. B 1723 of 1996, made no referero::e 10 seeking or detl- for wmpcnsation in lie u ,lf reinst�temcnt. (2). The proposed conference $Chcduled for 24 February 1998 c1oo; nothing in advancing towards the re.lid sought within the application. (3). In the circumstance, of tl1is particular case, the failure by the Commission to make an order in accordance with s. 297(i) - nullifying the effee1 of the termination, as well a, s. 110( I)(A} - doing complete justice IThe sections referred to are from the ludustriul Relations Act /990.1 ( 4J. The Act only provides for a compulsory conference prior to the hearing.. It makes no reference lo attending. compulso,y conference poSl he:Jiing. I have already attended two compul,ory rre-hearing conferc nc.:cs. I as,er1 that a mandatory order by the Commission to atlt!nd such a conference would amount to an e.xcess of its jurisd iction. (5 J. I am unable lO acquiesce rny voluntary attendance at the proposed conference. as sul'h atte.ndancc won't provide me, as tlie aggrieved. with any oppor1unity tn achieve the remedy applie d fOJ'. Hence. I as.<e11 that 1he agenda ror such a ('onf'ercnc.:e provides no opponunity for a rnnciliated outcome. I suhmit that a compulsory order m c.:onvcnc and atJ<.:nd ,uch a c,>nforenc.:e would bear the d1a.mctcristi<:s of being a vexatious order. I ,;eck not to attend the conference scheduled on 24 February 1998 and again for such a conference 10 he cancelled. I will attend if I am comruborily direcl'ed tn do so, but advise that ,uch :111eodance would amount to aucndanc.:e under clure,s. In light of !his notice. I urgently await your directions as to whe�1er thi� conference will now he cancelled. Yours faithfully In light of Mr Dihh's response and the unlikely settlement of compensation hy rnu1ual agreement the conference was abandoned. Section 297 of lhe /11d11.Hria/ Rdoiion.r Ac, /990 deals with Orders the C<>mmission may make for unlawful dismissal. Section 297(2) enables the Commission to make an order reinstating the employee or at s. 297(2)(b) if the Commi,,;ion considers that rein,1atemcot would be impracticable, that an amount of compensation be paid LO tl1e employee. Having earlier determined that reinst.atemwt of Mr Dibb wvuld be impmcticable. I now determine an amount of compen�ation to be paid to him. I determine that Avco Financial Services Ltd pay as compensation to Mr Dihh an amount which equate, 10 the tntal remuneration which he would haw receh•cd during the six month, immediately following his dismissal. Detail, of the c.:�kulatioo of that amount are to be provided to Mr Dibb und the Regi�trar within four1ecn days of the release of thb dedsion. Tlie applicant is directed 10 inform the Registrar within four1cen days of receipt of that advice whether that quantum of remuneration i;. challenged. Jo tlle ah,ence of ,uch advice a formal order as to amount will b.: is�ued. 29 May, 1998 R.E. BECHLy. Comrni,siona. Appearanc<'s:- QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Mr R. Drbb. the applkant, on his own behalf. \1r l- Maloney. of Livingstnnes Au,tralia, and with him Mr W. Hickey of Hill & Taylor Solicitors. fo r and on behalf of the Re-,pondenl. Released: 14 May 1998 ###lt#######ltlt#####lt####lt###################ffl############ 95 -- 1 of 1 --