Magenta Star Highfield v Health Secretary in respect of Northern New South Wales Local Health District [2022] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Magenta Star Highfield v Health Secretary in respect of Northern New South Wales Local Health District [2022] NSWIRComm 1018 Hearing dates: On the papers Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The Commission declines to accept the Application for Relief in Relation to Unfair Dismissal out of time Legislation Cited: Industrial Relations Act 1996 (NSW) Category: Procedural rulings Parties: Magenta Star Highfield (Applicant) Health Secretary in respect of Northern New South Wales Local Health District (Respondent) Representation: Solicitors: Michael Vassili (Applicant) Bartier Perry (Respondent) File Number(s): 2021/296607 Publication restriction: Nil

decision 1. This is an application pursuant to section 83(3) of the Industrial Relations Act 1996 (NSW) for the Commission to exercise a discretion to allow the late filing of an application that the dismissal of the applicant was unfair. 2. The applicant was dismissed from her employment with the respondent by letter dated 27 July 2021. The letter stated that the termination took effect on the date of the letter. 3. An application pursuant to section 84 of the Act was filed on 8 October 2021. 4. The respondent objected to the Commission accepting the application, as the application was filed more than 21 days after the employee was dismissed. 5. The respondent did not object to conciliation taking place prior to consideration of the jurisdiction. Conciliation was attempted on 5 and 11 November 2021, but this was not successful. 6. On 11 November 2021, orders were made for the filing of witness statements and submissions in respect of the application for the late acceptance of the substantive application. A decision was to be made on the papers, subject to any submission of the parties. No party sought to make oral submissions.