Fatat Sukkar and P & M Quality Smallgoods [1995] IRCA 704

In the Industrial Relations Court of Australia New South Wales District Registry Matter No: NI 95/3469 Between: Fatat Sukkar Applicant And: P & M Quality Smallgoods Respondent Coram: Tomlinson JR Place: Sydney Date: 16 November 1995 Reasons for decision delivered Ex-Tempore revised from Transcript This is an application brought by way of notice of motion to obtain leave of the court to allow an applicant to bring proceedings out of time.

It is not contested that Mrs Sukkar received written notice of the termination of her employment towards the end of June 1994. The application is dated and filed in August of 1995. The Industrial Relations Act provides an application for relief is to be lodged within 14 days of the receipt of written notice of the termination.

In support of the application the court heard evidence from the solicitor of the applicant, Mr John Harkin, whose affidavit in support of the notice of motion was read onto the record. That affidavit revealed the applicant commenced employment on 1 May 1989 and paragraphs 1 and 2 outline various deeds of victimisation, discrimination and harassment allegedly sustained by the applicant during the course of her employment.

That affidavit reveals that prior to the termination of the applicant, Mrs Sukkar had in fact instructed the deponent's firm, Messrs Ternes and Salier in connection with proceedings regarding the allegations of victimisation and harassment. Copies of that firm's correspondence relating to their instructions received are annexed to the affidavit of Mr Harkin. Nothing it seems was done in connection with regard to instituting proceedings for compensation for unlawful termination.

At the outset of the matters before the court today counsel on behalf of the applicant indicated that reinstatement is no longer sought, only compensation.