David v G.W. Chalmers Pty Ltd [1995] QIRC 380 (1995) 150 QGIG 184

184 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE l8 September, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act J990 s. 295 - application fo r reinstatement Pau l Dav id AND G. W. Chalmers Pty Ltd. (No. 8908 of 1995) CH IEF IND USTRIAL COMMISSIONER HALL 28 August 1995 Application fo r Reinstatement - Application to join Respondent pursuant to s. 90 - Application Granted. REPORT ON DECISION (AS EDITED) In giving a decision from the Bench on 17 August. 1995. the Ch ief Industrial Commiss ioner said:- "By an application dated 29 May I 995 Paul David of 161785 Brunswick Street. New Fann. Queensland applied for reinstatement to the pos ition of co ntracts administrator with G.W Chalmers Pty. Ltd. of 1/ 36 Station Road, Indooroopilly m the State of Queensland. There was an alternative claim for compensation. Mr David now seeks to persuade me to add as a second respondent a Mr Greg Chalmers who was at all mater ial ti mes the managing director of the Respondent. ·n1e case sought to be made is that because of the statutory definition of "Employer". Division 5 of Pan 12 is to be construed as including the managing director of a corporate employer. It is unnecessary to ru le on that po int today. It is suflic ienl to say that the point is clearly arguable. It see ms to me io be beyond doubt that by section 90 subsection I pa ragraph A, and more panicularly by section 90 subsection 2 paragraph A subparagraph (i) I'm authorised to add additi on al parties as well as to join matters. It wi ll not, of course, in every case that the exerci se of that power is justified. A good case must be shown. !t seems to me that such a case has been shown here. The inevitable consequence of fail in g to grant the order sought is that number 8908 of 1995 will be funher adjourned whi lst Mr Dav id files a fresh app li cation naming Mr Greg Chalmers as the Respondent. seeks an ex tension of time to pu rsue that application and. (if successful) seeks an order joining that matter with number 8908 of 1995 . It is frankly conceded 1.hat in the circumstances of th is case opposition to the grant of an extension of time wi ll be extraordinarily difficult to maintain. Mr Chalmers seems to be exposed to prejudice on ly to the exten t that if the order is made a claim will be litigated against him. A ll the advantages of expedition and minimisation of c-osts favour gran t of the order. I therefore order that Mr Greg Chalmers of 29 Tina rra Crescent, Kenmore Hi ll s be added as a Respondent tO these proceedings. Jt se ems to me that in the light o f that it will be necessary for the Applicant·s so licitors to re-cast the statemenl of ma terial facts. and I direc t that that be done wi thin 14 work ing. days :". Dated this twenty-eighth day of August, 1995. By the Commission, [LS.) R.H. BLUMSOM. Industrial Registrar. Appearances: P.J. Gallagher of McCullough Robertson Solicitors ror the Applicant. R. Steinitz of Messrs R.H. Steinitz & Associates Advocacy and Industrial Advisory Services for the Respondent. Operative date: 17/8/95 Decision - Reinstatement Application Released: 29 August 1995 #################### ####### ############################ 16303 _ I. DOC 8 September, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 185 -- 1 of 1 --