Stella v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Corrective Services NSW) [2020] NSWIRComm 1070

Industrial Relations Commission New South Wales Medium Neutral Citation: Stella v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Corrective Services NSW) [2020] NSWIRComm 1070 Hearing dates: Determined on the papers Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – jurisdiction – whether applicant was "constructively dismissed" – outline of principles – termination found to be resignation – application out of time – whether discretion to accept application out of time would have been exercised in any event Legislation Cited: Geographical Names Act 1966 (NSW) Industrial Relations Act 1996 (NSW) Ch 2 Pt 6, ss 83, 84, 85 Industrial Relations (General) Regulation 2015 (NSW) cll 6(1)(a) and (b) Cases Cited: Allison v Bega Valley Council (1995) 63 IR 68 Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145; [2003] NSWIRComm 139 Lucic v Nolan (1982) 45 ALR 411 Smith v Director General of Education (1993) 51 IR 204 Xiao v Industrial Relations Secretary (Department of Justice) [2018] NSWIRComm 1054 Category: Procedural and other rulings Parties: Richard Joseph Stella (Applicant) Industrial Relations Secretary (Respondent) Representation: Stacks Collins Thompson (Applicant) Workplace Relations, Corrective Services NSW, Department of Communities and Justice (Respondent) File Number(s): 2020/200348 Publication restriction: No