An ACT taxi operator has "only himself to blame" for dragging out a small-claims dispute after he frequently claimed he had "phone problems" that caused him to miss numerous tribunal hearings, ultimately leading a ruling against him.
All Green Cabs' managing director Petar Ivanovski, also known as Petar Johnson and Peter Johnson, and a driver ended their working relationship after working together for only a few weeks from November 2019.
By February the next year, the former driver launched legal action, claiming Johnson owed him $5136 related to unpaid wages, ACT Civil and Administrative Tribunal documents state.
After difficulties reaching Johnson for much of 2020, the tribunal held a conference in February this year, but Johnson, set to appear remotely, failed to answer his mobile phone.
He did not do so [attend hearings] for reasons for which he has only himself to blame.
ACAT presidential member Geoff McCarthy
One month later, he also did not attend a hearing before the tribunal found in favour of the former driver.
During a follow-up hearing in April about the financial damages, Johnson again failed to answer his phone but then emailed the tribunal to have a "new hearing date established".
He claimed he did not receive a call because phone reception at his rural property was intermittent.
In defending the case, he also said the former driver's case had no merit and that "justice has not been achieved".
The case was relisted for a May hearing, but when the time came around, Johnson once again did not pick up despite being called four times in 10 minutes.
The tribunal registrar also went outside the room to call for him in case he attended in person before his application was dismissed.
He then called and emailed the tribunal to say he had "phone problems".
"We continue to have technological barriers for this hearing and we apply to have the matter heard in person so that the case can proceed," he said.
Johnson also promised to address his technical issues, including driving to a city area, but failed to do so.
He made a subsequent application, alleging that the former worker was trying "to extort money from our company through intimidation and inappropriate use of public institutions".
That application was also dismissed, with the tribunal saying it lacked substance and was an abuse of process.
In June, he launched an appeal that also cited his phone reception issues.
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The appeal tribunal's presidential member Geoff McCarthy recently dismissed Johnson's application.
Mr McCarthy said if Johnson were motivated to participate, he would have arranged to ensure he was at a place with good reception as he said he would.
"The record shows this to be Mr Johnson's consistent approach to the respondent's claim brought against his company," he said.
"Yet he contends that the appeal tribunal should nevertheless start again in the interests of justice.
"I disagree."
Mr McCarthy said Johnson was given "ample opportunity" to present his case and that he was responsible for his own failure to do so.
As for Johnson's claim that the former driver's case had no merit, Mr McCarthy said if that were so, Johnson could and should have attended the hearings to argue his case.
"He did not do so for reasons for which he has only himself to blame," he said.
Mr McCarthy said to give in to another demand by Johnson would be "contrary to the proper administration of justice" and further abuse of the tribunal's process.
Johnson was ordered to pay the former driver $5705, which includes $400 in interest, caused by his delay, on the debt owed.
ACT All Greens Cabs was contacted via social media and email for comment after its listed number did not ring during numerous attempted calls.
