A v B [2021] NSWIRComm 1058

Industrial Relations Commission New South Wales Medium Neutral Citation: A v B [2021] NSWIRComm 1058 Hearing dates: On the Papers Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Application for extension of time pursuant to s 85 refused Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination of employment – unfair dismissal application – jurisdictional objection – application filed out of time – whether sufficient reason to exercise discretion to admit application out of time – exercise of discretion denied - application dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Lucic v Nolan 45 ALR 411 Sholo v Secretary, Department of Education [2019] NSWIRComm 1059 Skelly v Proud's Jewellers Pty Ltd (1994) 91 IR 3 Anthony Ian Fox v NSW Department of Industry [2018] NSWIRComm 1047 Cheval Properties Pty Ltd (t/as Penrith Hotel Motel) v Smithers (2010) 197 IR 403 Herron v McGregor (1986) 6 NSWLR 246 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Isaac v Department of Family and Community Services [2018] NSWIRComm 1008 Category: Principal judgment Parties: Applicant Respondent Representation: A West for the applicant A Shields, Norton Rose Fulbright for the respondent File Number(s): 2020/62583

decision 1. This is an application for an extension of time within which to file an application for an unfair dismissal remedy made pursuant to s 84 of the Industrial Relations Act 1996 (the Act).