Mulhall v Secretary in respect of the Department of Education [2024] NSWIRComm 1049

Industrial Relations Commission New South Wales Medium Neutral Citation: Mulhall v Secretary in respect of the Department of Education [2024] NSWIRComm 1049 Hearing dates: 14 August 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: (1) The application made by Ms Mulhall pursuant to s 85 of the Act that the Commission accept the application pursuant to s 84 of the Act out of time is refused. (2) The application made by Ms Mulhall pursuant to s 84 of the Act is dismissed for the reason that it is not brought within time. Catchwords: UNFAIR DISMISSAL – Extension of time – application to extend time to lodge application – unrepresented litigant – extension opposed by respondent – applicant informed of 21 day time limit – applicant did not seek alternative advice for several months - extension of time refused – application dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 85 Teacher Accreditation Act 2004 (NSW) Cases Cited: A v B [2021] NSWIRComm 1058 Director-General of Education and Training v Bond [2009] NSWIRComm 40 Green v Mayne Nickless t/as Armagurd (unreported, Cambridge C, IRC2945 of 1997, 11 February 1998) Ibrahim v Director-General, NSW Ministry of Health in respect of Sydney Local Health District [2013] NSWIRComm 1012 Katsantonis v Inner West Counil [2017] NSWIRComm 1015 McClymont v Thomson Financial Pty Ltd [2002] NSWIRComm 283 Texts Cited: . Category: Procedural rulings Parties: Patricia Mulhall (Applicant) Secretary in respect of the Department of Education (Respondent) Representation: Applicant for herself A Britt (Respondent) File Number(s): 2024/186867 Publication restriction: Nil