MIZYED -v- NEWS LIMITED [1997] IRCA 42

DECISION NO:42/97 CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - APPLICATION FOR EXTENSION OF TIME - Applicant had, on his form of application to the Australian Industrial Relations Commission, applied for an EXTENSION OF TIME - This application had not been addressed by the Commission - The parties not having consented to arbitration, the matter was referred to the Court - DECLARATION that there is no "application" before the Court within the meaning of s.170ED(2) of the Workplace Relations Act, 1996 - Trial dates vacated.

Workplace Relations Act, 1996 ss: 170EA(3), 170ED(1), 170ED(2)

Nelson -v- Scholle Industries (1995) 64 IR 9 Carrasco -v- Kleenmaid Pty Limited, IRCA, Moore J, 15 November 1996, unreported.

MIZYED -v- NEWS LIMITED NI 2069 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 11 FEBRUARY 1997 Date of judgment: 11 FEBRUARY 1997

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 2069 of 1996

BETWEEN:

SOUHAIL MIZYED Applicant

AND

NEWS LIMITED Respondent

MINUTES OF ORDERS

11 February 1997 PATCH JR

THE COURT: 1. Declares that the applicant's application for relief in respect of the termination of his employment by the respondent on 19 January, 1996 is not, because of the absence of a valid order of the Australian Industrial Relations Commission pursuant to s.170EA(3)(b) of the Industrial Relations Act, 1988, an application to the Court duly lodged within the meaning of s. 170ED(2) of the Act. 2. Vacates the dates fixed for the hearing of the said application.

Note: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 2069 of 1996

BETWEEN:

SOUHAIL MIZYED Applicant

AND

NEWS LIMITED Respondent

REASONS FOR DECISION