Anastassios Carydias v The Greek Orthodox Community of Melbourne and Victoria [1995] IRCA 134

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI 1786 of 1994

BETWEEN:

ANASTASSIOS CARYDIAS Applicant

AND

THE GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA Respondent

REASONS FOR JUDGMENT

31 March 1995 Judicial Registrar Staindl

Application For Extension Of Time

On 3 October 1994 Mr Anastassios Carydias ("the applicant") filed an application in this Court alleging that his dismissal by the Greek Orthodox Community of Melbourne and Victoria ("the respondent") contravened the Act.

The respondent's committee of management had decided on 26 May 1994 to make the applicant's position redundant. Given the delay in these two dates it is necessary to consider the chronology of this case.

January 1992: Applicant commenced full time employment with the respondent as General Manager.

26 May 1994: Respondent's committee of management decided to make the applicant's position redundant.

27 May 1994: Applicant told the respondent's decision and given a letter of termination.

6 June 1994: Applicant lodged an unfair dismissal claim with Employee Relations Commission of Victoria.

29 June 1994: Prima facie hearing in Employee Relations Commission.

28 July 1994: Conference in Employee Relations Commission.

5 & 6 September 1994: Hearing before Commissioner Stewein in Employee Relations Commission.

30 September 1994: Decision of Stewein C. determining that there was no jurisdiction to hear the matter as applicant's employment was not governed by a classification contained in an award.

3 October 1994: Applicant lodged unfair dismissal application in this Court.

The applicant acted promptly following the termination of his employment by lodging an application with the Employee Relations Commission of Victoria. From that time the respondent was aware that the applicant was challenging the dismissal and was seeking reinstatement. He pursued his application in the Employee Relations Commission until a ruling was given that the Commission lacked jurisdiction. Three days after that ruling the applicant lodged his application in this court.