Lisa Marija Botic v Health Secretary in respect of NSW Health Pathology [2022] NSWIRComm 1036

Industrial Relations Commission New South Wales Medium Neutral Citation: Lisa Marija Botic v Health Secretary in respect of NSW Health Pathology [2022] NSWIRComm 1036 Hearing dates: On the papers Date of orders: 18 May 2022 Decision date: 18 May 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: Lisa Marija Botic (Applicant) Health Secretary in respect of NSW Health Pathology (Respondent) File Number(s): 2022/43491 Publication restriction: Nil

decision 1. This is an application pursuant to section 85(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 employed by NSW Health Pathology until the termination of her employment on 22 December 2021. An Unfair Dismissal application ("the Application"), pursuant to section 84 of the Act, was filed in the Industrial Registry on 11 February 2022. 3. Pursuant to section 85 of the Act, the applicant had until 12 January 2022 if the Application was to comply with the presumptive statutory timeframe for filing her Unfair Dismissal application. Accordingly, the applicant requires the Commission to exercise its discretion for the Application to proceed. 4. The respondent did not object to conciliation taking place but reserved its position should conciliation not succeed. Conciliation took place by telephone on 9 March 2022 and was not successful. 5. Pursuant to orders of the Commission, the applicant and respondent each filed material as to the acceptance of the Application out of time.