O'Beirne v The Mobile Pages Pty Limited [1995] IRCA 112

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 2539 of 1994

BETWEEN:

O'BEIRNE Applicant

AND

THE MOBILE PAGES PTY LIMITED Respondent

REASONS FOR JUDGMENT (EX TEMPORE) (Revised from Draft Transcript)

22 March 1995 Judicial Registrar Millane

The Applicant appears in person and seeks compensation pursuant to Division 3 Part VIA of the Industrial Relations Act 1988 ("the Act"). The Applicant alleges that on 24 November 1994 her employment as a sales representative with the Respondent was unlawfully terminated. On 14 December 1994 the Respondent, through its solicitor, Mahoney Galvin Rylah, filed a notice of employer's appearance. According to the Applicant, the Respondent also attended a conciliation conference on 16 February 1995, at which time the parties were unable to resolve this dispute.

On 1 March 1995 notice of a directions hearing to be held on 21 March 1995 was given to the Respondent's solicitors. In the interim the Respondent's solicitors, by a letter dated 10 March 1995, informed the court that they no longer represented the Respondent. The same information was transmitted to the Applicant, however, at no stage did the Respondent's solicitors file and serve any notice of change in accordance with Order 45 of the Industrial Relations Act Rules 1994. Accordingly, the Respondent's solicitors for the purposes of this proceeding are the solicitors on the record and all notices are to be directed to them.

On the return date of the directions hearing the Respondent did not appear and this matter was fixed for hearing on 22 March 1995. On 21 March 1995 and 22 March 1995 the court's listing officer contacted the Respondent's solicitors notifying them of the hearing date and the requirements of Order 45 of the Industrial Relations Court Rules 1994. Unsuccessful attempts were also made by the court to telephone the Respondent on the number provided in the notice of employer's appearance. The Respondent has not appeared to defend this proceeding and, in the circumstances, I am satisfied that it has been duly notified of the date for hearing through its legal representatives.