Richard William Dalgleish v Hedland College [1995] IRCA 122

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WI 386 of 1994 DISTRICT REGISTRY

BETWEEN RICHARD WILLIAM DALGLEISH - Applicant HEDLAND COLLEGE - Respondent BEFORE: BOON JR PLACE: PERTH DATE: 22 February 1995 REASONS FOR JUDGMENT Delivered Ex Tempore

By application brought under section 170EA of the Industrial Relations Act 1988 the applicant seeks: (1) (a) An order declaring the termination of his employment to have contravened Division 3 of part VIA of the Act; (b) An order requiring the respondent to reinstate the applicant in employment; and (c) An order that the respondent pay compensation to the applicant. (2) Such other order or orders as will put the applicant in the same position as nearly as can be done as if the employment had not been terminated. (3) An order permitting an extension of time to September 20, 1994, for lodgment of the substantive application. The hearing before me today concerned only the question of an extension of time within which to file the substantive application. The applicant is unrepresented and the respondent was represented by a solicitor. In an affidavit sworn by the applicant on 16 September 1994 he states that the nature of his employment with the respondent was finance Manager. He started work with the respondent on 26 October 1992 and received a letter of termination from Eric Formby, Acting Director of the respondent dated 3 August 1994. The grounds for the termination as stated in that letter include the following allegations: (a) that the applicant continually questioned Mr Formby's authority;

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(b) that the applicant initiated an argument in public with his superior, the Acting Associate Director, Administration; (c) that the applicant persistently refused to obey a lawful order from his superior officers to provide committee reports to the extent that he was given a written warning on 28 June 1994; (d) that the applicant ignored council policy on communication and information; (e) that the applicant prepared a draft document headed "Grievances" which represented a personal attack on, amongst others, Mr Formby, the Acting Associate Director of administration, and the previous director of the respondent; and (f) that the applicant openly admitted that in 1992 to 1993 he actually ignored all monthly form 13 reporting procedures to Treasury. The applicant has filed affidavits sworn 16 September 1994, 8 February 1995 and 21 February 1995 in support of his application for an extension of time. He also gave evidence today. The affidavits state that after receiving the written notice of termination dated 3 August 1994 the applicant suffered a period of extreme tiredness following the trauma and shock of the dismissal and related experiences. The applicant gave further evidence today in relation to the shock and tiredness which followed. He lodged an appeal against the termination with the Hedland College Council on 5 August 1994. He attempted to telephone Mr John Watson, Acting Secretary to the council, on 15 August 1994, to inquire as to the outcome of the council meeting on 12 August 1994 in relation to the appeal but the call was not answered. He then rang Eric Formby to make the same inquiry. Mr Formby told the applicant that the appeal had been dismissed. The applicant requested written details of the council's findings. Written notification of the appeal outcome was received on 1 September 1994 but no details or reasons were provided. The applicant rang the Civil Service Association, of which he was not a member, on 15 August 1994 requesting their assistance. He was advised to put his request in writing which he did on 17 August 1994. Notification of the unfavourable outcome of that request was received on 15 September 1994. The applicant advised the respondent on 5 October 1994 that he was contesting the termination in this court and in the State Industrial Relations Commission. The applicant was unaware of the availability of a recourse in the Industrial Relations Court of Australia until 3 September 1994 when he read an article in the newspaper. That article appeared on a Saturday. The following Monday he telephoned the court and he received documents relating to the court on 6 September 1994. By this stage, he had already filed an application to the Public Service Appeals Board, under the Industrial Relations Act 1979 of Western Australia. That application was filed on 19 August 1994 and was dismissed on 8 February 1994.