Robert Giarrusso and Transport Union Workers of Australia and Ampol Petroleum (Vic) Pty Ltd [1994] IRCA 127

CATCHWORDS INDUSTRIAL LAW - Termination of employment - Complaint of unlawful termination. PRACTICE AND PROCEDURE - Adjournment - Application for - Solicitors retained a few days before trial - Representation of employee by union at two directions hearings and conciliation conference - Request for additional time to complete discovery and examine discovered documents - Discovery confined to documents on which parties rely - Preparation time requested - Adjournment opposed - Trial listed with four weeks notice - Details of application and response known from the two directions hearings and the conciliation conference - Unlawful termination claims to be determined quickly - Delays and elaborate preparation associated with major commercial litigation not acceptable - Adjournment refused Industrial Relations Act 1988, Section 170EA. Mahnken and Saunders Logging Pty Ltd Case No. TI-109/1994 (unreported). ROBERT GIARRUSSO AND TRANSPORT UNION WORKERS OF AUSTRALIA AND AMPOL PETROLEUM (VIC) PTY LTD No. VI-1126/1994 Before:Ryan JR Date 29 November 1994

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY Matter No VI 1126/1994 B E T W E E N: ROBERT GIARRUSSO AND TRANSPORT UNION WORKERS OF AUSTRALIA Applicant AND: AMPOL PETROLEUM (VIC) PTY LTD Respondent COURT: J.A. RYAN, Judicial Registrar PLACE:MELBOURNE DATE: 29 NOVEMBER 1994 REASONS FOR JUDGMENT - EX TEMPORE APPLICATION FOR ADJOURNMENT OF TRIAL The Court has before it a notice of motion filed yesterday. The applicants in an action for remedy for unlawful termination of employment seek the following orders (1) that the hearing of the proceeding, scheduled for 10:15 a.m. on 30 November, 1994, be adjourned. (2) that the respondent provide the applicant with a list of discoverable documents on or before 6 December 1994. (3) that the time before which this notice of motion is to be served has been abridged by the Court to one day. (4) that the matter be fixed for hearing on the next available hearing date (and I take that to be a request for the next available hearing date after 6 December 1994). Ms. Richards appears for the applicants. Mr. Mueller appears for the respondent and opposed any adjournment of the hearing. The history of the matter is as follows: Robert Giarrusso appears to have been employed by Ampol Petroleum as a driver for seven and a half years from 18 January 1987. On 11 July 1994, Ampol's Operations Manager for Victoria and Tasmania signed a letter addressed to Mr. Giarrusso. The letter