Deborah Joy Clifton v Australian Taxation Office [1995] IRCA 551

Industrial Relations Court of Australia New South Wales District Registry NI 94/1346 Between: Deborah Joy CLIFTON Applicant AND: Australian Taxation Office Respondent REASONS FOR DECISION By application dated 19 December 1995 the applicant Deborah Joy Clifton sought reinstatement and compensation from the respondent, the Australian Taxation Office, under section 170 EA of the Industrial Relations Act. On behalf of the applicant it was alleged the termination was written and that it occurred in August 1994. The application was accordingly out of time with respect to Section 170 EA (3) that provides an application must be brought within 14 days from the date of written termination. However under section 170 EA (3) (b) such application may be brought within such further time as the court allows. Upon hearing Ms Brus on behalf of the applicant the court heard that the applicant suffered stress as a result of her employment, visited a psychiatrist and was suffering ill health at the time when the application perhaps should have been formally lodged. Further, it was demonstrated to the court that the applicant, in order to protect her employment, Ms Clifton embarked upon appropriate courses of action available only to public servants. Such procedures took time and it was clear that the applicant was certainly pro-active in these matters. Further, in support of the ruling of the court to allow the extension of time under Section 170 EA (3) (b) the court heard from Mr David Godwin from the office of the Australian Government solicitor on behalf of the respondent that the jurisdiction of the court in that regard was not an issue and so the application of Ms Brus on behalf of her client was allowed. It was noted that the parties had not complied with directions handed down when the matter was previously before the court but that neither party took issue with that failure to comply and that all evidence in the matter was to be read on to the record or provided orally.