Fatima Benel v Legal Aid Commission of NSW [2022] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Fatima Benel v Legal Aid Commission of NSW [2022] NSWIRComm 1020 Hearing dates: 16 February 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The respondents' strike out application is upheld and accordingly the application by the applicant under section 84 of the Industrial Relations Act 1996 is dismissed. Catchwords: UNFAIR DISMISSAL-jurisdiction-maximum period contract-meaning of dismissal Legislation Cited: Industrial Relations Act 1996 (NSW), ss 83, 84, 85 Industrial Relations (Gen) regulation 2015 (NSW), Cl 6 Cases Cited: Khayam v Navitas English Pty LTD t/as Navitas English [2017] FWCFB 5162 Naulty v Shoalhaven City Council [2021] NSWIRComm 1012 Stephen York and NSW Department of Education and Communities [2015] NSWIRComm Category: Procedural rulings Parties: Fatima Benel (applicant)

Legal Aid Commission of NSW (respondent) Representation: Counsel: V Bulut (respondent)

Solicitors: Clayton Utz (respondent)

self represented (applicant) File Number(s): 2021/320562

Judgment 1. This judgement deals with a notice of motion filed by the respondent seeking to strike out the proceedings (the "Motion"). 2. The proceedings concern an application for relief in relation to unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 (the "Act"), filed on 11 November 2021 by the applicant. 3. The applicant alleges that the termination of her employment on 29 October 2021 was an unfair dismissal for the purposes of section 84 of the Act. 4. The respondent opposes the application for a number of reasons, including the reason that there was no dismissal for the purposes of the Act.