Phillip Morrissey

The respondents sought reconsideration of a Tribunal decision finding them liable for discrimination in employment, arguing they had not received notice of the proceeding.

The Tribunal denied the request, finding that multiple notices, decisions, and case assessment directions had been successfully delivered to and signed for at the corporate respondent's address.

The Tribunal concluded that any failure by the individual respondent to become aware of the proceeding was due to the respondents' own inadequate internal procedures for handling mail, which did not constitute a valid ground for reconsideration.

The appellants appealed the assessments in an amended engineer's report for a municipal drain, arguing that their existing private drainage facility should have been incorporated into the design and that they should receive an allowance under section 31 of the Drainage Act.

They also contested the cut-off benefit assessed to their properties.

The Tribunal held that the appeal was restricted to assessment matters and declined to treat it as a rehearing to alter the drain's design.

The Tribunal found that section 31 allowances were inapplicable because the private facility was not incorporated into the municipal works, and upheld the engineer's cut-off benefit assessments as a proper exercise of discretion.