Quigs
Immortal
- Messages
- 34,816
HaHaHarrrhhhh... gee wizz. Is the Fiberal Protection Squad pissing into the wind or what.
Ashby bid to take sexual harassment case to watchdog branded a stunt
Source for the Bus Prefect:
Fairfax Media has now confirmed that the type of sexual harassment claim Mr Ashby has made to the workplace watchdog - that is, under the ''general protections'' section of the Fair Work Act - can go no further than a conciliation conference, which Mr Slipper is not required to attend.
''Any application under General Protections is dealt with through a conciliation conference, it is not dealt with through a hearing,'' a Fair Work Australia spokeswoman said.
The managing director of the law firm, Workplace Law, Athena Koelmeyer, said such conferences did not involve witness testimony, affidavits or cross examination.
''It is effectively the parties sitting down with legal representatives and a judicial member from Fair Work Australia,'' she said.
Employers are only required to attend if they have dismissed their employee. Mr Ashby was not dismissed.
If the parties are unable to settle their differences, the judicial member may issue a certificate which can then form part of an application to the Federal Court or the Federal Magistrates Court.
However, given that Mr Ashby has already had an application dismissed by the Federal Court, any new application would have to be based on new facts or new evidence.
''I'm not quite sure what the point is,'' Ms Koelmeyer said of the new application.
''They have already appealed the abuse of process decision [by Justice Rares]. If they proceed with this application to the Federal Court it would mean having two matters before the court which are the same.''
Another workplace law expert who asked not to be named said the application had ''the hallmarks of a stunt''.
McClellan declined to comment when asked how the Fair Work application could possibly lead to Mr Ashby's claim being heard in open court as he had claimed.
------------------------------
My learned advice to Slipper, "Start counting the money anytime you like"
As one of my new good friends on the social network bloggy thing has just said....The pro bono legal advice Ashby is getting from Michael Harmer (his legal representation) is so bad he should demand his $1 back.
Ashby bid to take sexual harassment case to watchdog branded a stunt
Source for the Bus Prefect:
Fairfax Media has now confirmed that the type of sexual harassment claim Mr Ashby has made to the workplace watchdog - that is, under the ''general protections'' section of the Fair Work Act - can go no further than a conciliation conference, which Mr Slipper is not required to attend.
''Any application under General Protections is dealt with through a conciliation conference, it is not dealt with through a hearing,'' a Fair Work Australia spokeswoman said.
The managing director of the law firm, Workplace Law, Athena Koelmeyer, said such conferences did not involve witness testimony, affidavits or cross examination.
''It is effectively the parties sitting down with legal representatives and a judicial member from Fair Work Australia,'' she said.
Employers are only required to attend if they have dismissed their employee. Mr Ashby was not dismissed.
If the parties are unable to settle their differences, the judicial member may issue a certificate which can then form part of an application to the Federal Court or the Federal Magistrates Court.
However, given that Mr Ashby has already had an application dismissed by the Federal Court, any new application would have to be based on new facts or new evidence.
''I'm not quite sure what the point is,'' Ms Koelmeyer said of the new application.
''They have already appealed the abuse of process decision [by Justice Rares]. If they proceed with this application to the Federal Court it would mean having two matters before the court which are the same.''
Another workplace law expert who asked not to be named said the application had ''the hallmarks of a stunt''.
McClellan declined to comment when asked how the Fair Work application could possibly lead to Mr Ashby's claim being heard in open court as he had claimed.
------------------------------
My learned advice to Slipper, "Start counting the money anytime you like"
As one of my new good friends on the social network bloggy thing has just said....The pro bono legal advice Ashby is getting from Michael Harmer (his legal representation) is so bad he should demand his $1 back.
Last edited:
