Mastrangeli v Girle[2023] ICQ 24

INDUSTRIAL COURT OF QUEENSLAND

Introduction

1. [1]
   The Appellant, Ms Mastrangeli, was employed by the State of Queensland in the Queensland Police Service in the position of Intelligence Support Officer, classification AO2, for the State Intelligence Group, Intelligence Support Team. Mr Girle is a sworn police officer, holding the rank of Sergeant, and was the direct supervisor of the Appellant.

2. [2]
   After a period of maternity leave in 2014 and 2015, the Appellant and the First Respondent made an agreement about the Appellant working on a part-time basis.

3. [3]
   The Appellant subsequently made a complaint to the Anti-Discrimination Commission, Queensland alleging that she had been the subject of unlawful direct and indirect discrimination in contravention of the Anti-Discrimination Act 1991. The Appellant complained that she was treated unfavourably in the work area on the basis of her relationship status, her parental status, her family responsibilities and her association with persons who have a disability. The complaint related to certain alleged conduct of the First Respondent that took place in 2016 and 2017. The Appellant's complaint was then referred from the Anti-Discrimination Commission, Queensland to the Queensland Industrial Relations Commission.

4. [4]
   Industrial Commissioner Power heard the Appellant's complaint.
5. [5]
   By decision dated 13 June 2023, Industrial Commissioner Power dismissed the Appellant's complaint ('the Primary Decision').^[1]

6. [6]
   By application to appeal filed on 4 July 2023, the Appellant, pursuant to s 557 of the Industrial Relations Act 2016, appealed against the Primary Decision. In her application to appeal, the Appellant alleged that Industrial Commissioner Power made errors of law, fact and jurisdiction in making the Primary Decision ('the Appellant's application to appeal').

7. [7]
   By Directions Order dated 2 August 2023, I ordered that the Appellant file and serve her written submissions, in relation to her application to appeal, by 4.00 pm on 30 August 2023 ('the August Direction Order').

8. [8]
   The Appellant did not, and has not, filed and served any such submissions.

9. [9]
   By application in existing proceedings filed on 19 September 2023, the Respondents applied for an order, pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011 ('the Rules') dismissing the Appellant's application to appeal because of the Appellant's failure to comply with the August Direction Order ('the Respondents' application').

10. [10]
    By Further Directions Order dated 19 September 2023, I directed the parties to file and serve written submissions in relation to the Respondents' application and that, unless otherwise ordered, I would determine the Respondents' application on the papers ('the September Directions Order').

11. [11]
    The Respondents have filed and served such submissions. No submissions have been filed and served by the Appellant.

12. [12]
    For the reasons that follow, pursuant to r 45(3)(a) of the Rules, I will dismiss the Appellant's  application to appeal.

The Rules and applicable principles

13. [13]
    Rule 5 of the Rules relevantly provides that the Rules apply to a proceeding before the Court.
14. [14]
    Rule 6 relevantly provides that the purpose of the Rules is to provide for the just and expeditious disposition of the business of the Court at a minimum of expense.

15. [15]
    Rule 41(1) relevantly confers power on the Court to make an order, referred to as a directions order, about the conduct of a proceeding.
16. [16]
    Rule 45 provides:

17. [17]
    An order dismissing a proceeding may be made pursuant to rule 45(3)(a) of the Rules where the Court is satisfied a party's non-compliance with a Directions Order demonstrates an unwillingness to co‑operate with the Court and the other party or parties in having the matter ready for trial within an acceptable period.^[2]

The Appellant's application to appeal should be dismissed

18. [18]
    On the material before me, not only has the Appellant not complied with the August Directions Order, the Appellant has also not complied with the September Directions Order in relation to the Respondents' application.

19. [19]
    No correspondence has been received by the Industrial Registrar in relation to the Appellant's failure to comply with the August Directions Order or the September Directions Order.

20. [20]
    In fact, apart from the Appellant's application to appeal, there has been no other contact by the Appellant with the Industrial Registry or with the Respondents.

21. [21]
    Having regard to the material before me, I am satisfied that the Appellant's non-compliance with the August Directions Order demonstrates an unwillingness by the Appellant to co-operate with the Court and with the Respondents in having her appeal against the Primary Decision ready for hearing and determination within an acceptable period of time.

22. [22]
    In these circumstances, the Appellant's application to appeal against the Primary Decision should be dismissed.

Conclusion

23. [23]
    For the reasons given, pursuant to r 45(3)(a) of the Rules, I will dismiss the Appellant's proceeding, namely her application to appeal against the Primary Decision.

Order

24. [24]
    The Court makes the following order:

Pursuant to r 45(3)(a) of the Industrial Relations (Tribunals) Rules 2011, the Appellant's application to appeal, filed on 4 July 2023, is dismissed.