Hook and Adchem Industries Pty Ltd [2003] NSWIRComm 334

Industrial Relations Commission of New South Wales

CITATION : Hook and Adchem Industries Pty Ltd [2003] NSWIRComm 334 APPLICANT PARTIES : Cameron Raymond Hook RESPONDENT Adchem Industries Pty Ltd FILE NUMBER: 4040 of 2002 CORAM: Sams DP CATCHWORDS : Termination of employment - unfair dismissal - conduct of proceedings - representation of parties - failure to attend proceedings - contempt of Commission - reallocation to another member of the Commission - unsuccessful attempts to contact both parties - failure to attend proceedings - six months since matter last listed - no attempt by applicant to prosecute his case - powers to dismiss for want of prosecution - principles considered - failure to pursue case with due diligence - rules of the commission - Supreme Court Rule - s84 claim dismissed for want of prosecution - matter not concluded - issue of contempt referred to President. LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations Commission Rules - Rules 237 and 146 CASES CITED : Kaprivinjak and others v Body Corporate Services (NSW) Pty Limited, 87 IR 49 HEARING DATES: 08/15/2002; 11/07/2002; 12/04/2002; 02/21/2003; 03/28/2003; 04/11/2003 DATE OF JUDGMENT: 10/13/2003

APPLICANT 15/08/02 - For himself 07/11/02 - Ms T Carter, Employment Help Services 04/12/02 - Mr J Boghossian, Employment Help Services 21/02/03 - For himself 28/03/03 - No appearance 11/04/03 - No appearance LEGAL REPRESENTATIVES: RESPONDENT 15/08/02 - Mr S Baghdadi 07/11/02 - No appearance 04/12/02 - Mr S Baghdadi 21/02/03 - No appearance 28/03/03 - No appearance 11/04/03 - No appearance