Casey v Rakar Pty. Ltd. T/A Pialba Brake and Steering Pty. Ltd. [1995] QIRC 580 (1995) 150 QGIG 1195

1194 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE fJO November, 1995 10 November, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE l I 95 ###################################################### QUEENSLAND IND USTRJAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 46 - application to reopen P.S. Casey AND Rakar Pty. Ltd . TIA Pialba Brake and Steering Pty. Ltd. (N o. B/36of!995) COMMISSIONER DEMPSEY 26 October I 995 Tem1ination of Employment - Decision by Commission - Compensation Awarded - Application to Reopen - Reference to Case Law - Application Refused . DECISION An application seeking to reopen Case No. 8136 of I995 , P.S Casey and Rakar Pty. Ltd .. was lo dged on 11 August 1995 by the employer, Rakar Pty. Ltd. , TIA Pialba Brake and Steering l'ty. Ltd. The matter at hand was an application by P.S. Casey that his tennination from employment was harsh, unjust and unfair and in a decision of 7 August 1995 , I found in favour of the applicant. In this mntter the employer contends that the transcripts in B136 of 1995 will show that certain statements attributed to the -- 1 of 2 -- -- 1196 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [10 November, 1995 applicant (I presume by my decision of 11 August) were not initiated by the employer and that other statements are nol supported by fact nor can they be drawn from the evidence adduced in that matter. With respect to the conten ti on that matter 13136 of 1995 be reopened. I am mind fol of a decision in what is commonly known as the Bjelke Petersen Dam Case wherein the President said:- ·'The purpose of a jurisdiction to reopen proceedings such as conferTed by s.32 of the Act, is not to provide a party, wise in hindsight. and en li ghtened by failure. an opportun ity to see if it can retrieve its position:·. Jn this matter it would appear that the employer does not agree with the views I expressed in the 11 August decision. In particular it is con tended that my decision has in some way detrimentally affected Mrs Young. It is a maller of fact that it was the respondent in B 136 of 1995 that called Mrs Young as a witness and it was under the process of cross-examination by an inexperienced advocate (Mr P.S. Casey) thal Mrs Young's ailment was revealed. Its a pity that this issue has been relied upon particularly in view of the fact that Mrs Young was a credib le and honest witness. 1n this mailer I am of a view that there is no new material or information before lllC to accede to the application that this matter be reopened. However, I do acknowledge Lhe technical issues raised by Mr Kowalski that Rakar Pty. Ltd .. did not_come 11110 existence until 8 August 1993. Jn that regard a correction of error wi ll be issued. The Commission orders accordingl) H. DEMPSEY, Commissioner. Appearances :- Mr T . Kowalski, with him Mr R. Young and Mrs K. Young for the Motor Trades Association of Queensland, Union of Employers on behalf of Pialba Brake and Steering Ply. Ltd Operative Date: NiA Decision - Reopening refused Released: 27 October 1995 ###################################################### 10 November, 1995J QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1197 -- 2 of 2 --