Folkes v Secretary of the Department of Transport [2023] NSWIRComm 1109

Industrial Relations Commission New South Wales Medium Neutral Citation: Folkes v Secretary of the Department of Transport [2023] NSWIRComm 1109 Hearing dates: 31 October 2023 Date of orders: 2 November 2023 Decision date: 02 November 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. The application made by the Applicant pursuant to s 85 of the Industrial Relations Act 1996 (NSW) that the Commission accept his application brought pursuant to s 84 of the Act out of time, is refused. 2. The application brought by the Applicant pursuant to s 84 is dismissed for the reason it is not brought within time. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal – Application brought 250 days out of time – Application to extend time to lodge application - Unrepresented litigant - Extension opposed by Respondent – Substantial delay insufficiently explained – No other factor indicating justice of case requires exercise of discretion in favour of applicant – Extension of time refused – Application dismissed Legislation Cited: Evidence Act 1995 (NSW) Industrial Relations Act 1996 (NSW), ss 84, 85, Ch 7, Pt 2 Cases Cited: A v B [2021] NSWIRComm 1058 Anthony Ian Fox v NSW Department of Industry [2018] NSWIRComm 1047 Brady v Kennedy (t/as Sardines) (1999) 91 IR 258 Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 Clark v Family and Community Services - Ageing, Disability and Home Care Services [2014] NSWIRComm 1022 Director-General of Education and Training v Bond [2009] NSWIRComm 40 Griffith Ex-Services Club Limited v Federated Liquor and Allied Industries Employees Union of Australia (NSW Branch) (1993) 51 IR 186 Hausmeister v Willoughby Council (No 2) [2023] NSWIRComm 1022 Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145; [2003] NSWIRComm 139 Isaac v Department of Family and Community Services [2018] NSWIRComm 1008 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Lucic v Nolan (1982) 45 ALR 411 Skelly v Prouds Jewellers Pty Ltd (1994) 53 IR 3 Smith and New South Wales Police Service (No 2) [2004] NSWIRComm 311 Wang v Health Secretary in respect of Sydney Local Health District [2022] NSWIRComm 1072 Category: Procedural rulings Parties: Nicholas Folkes (Applicant) Secretary of the Department of Transport (Respondent) Representation: Applicant (Self-Represented) J Zeng (Respondent) File Number(s): 2023/00275984 Publication restriction: Nil