Ormonde and New South Wales Department of Environment and Conservation [2005] NSWIRComm 286

Industrial Relations Commission of New South Wales

CITATION: Ormonde and New South Wales Department of Environment and Conservation [2005] NSWIRComm 286

APPLICANT Mr Peter James Ormonde PARTIES: RESPONDENT New South Wales Department of Environment and Conservation

FILE NUMBER(S): 33 of 2005

CORAM: Sams DP

Termination of employment - unfair dismissal - out of time application - whether Commission should exercise its discretion to allow the application - whether sufficient reason established - unrepresented litigant. CATCHWORDS: Held, no doubt as to dismissal - application out of time - failure to focus on correct issue - difficulties with unrepresented litigants - no reason established for late claim - no medical evidence provided - focus on irrelevant matters - discretion refused to be exercised - application dismissed - proceedings concluded.

LEGISLATION CITED: Industrial Relations Act 1996

Abdullah Al-Shennag v Bankstown City Council Civic Services Group [2002] NSWIRComm 150 Brisbane South Regional Health Authority v Taylor (1996) CLR 541 Gorrell v Uwatec (unreported, Sams DP IRC 1700 of 1999, 11 November 1999) Griffith Ex-Services Club Limited v Federated Liquor and Allied Industries Employees' Union of Australia (NSW Branch) (1993) 51 IR 186 Herbert and Warrah Ltd [2001] NSWIRComm 109 CASES CITED: Hurrell and Queensland Cotton Corporation Limited [2003] NSWIRComm 139 Martin v Nominal Defendant (1957) 74 WN (NSW) 121 Nicholls and Central Sydney Area Health Service (unreported, Sams DP IRC 4131 of 1999, 25 August 2000) Notaras v Armstrong [2005] NSWIRComm 208 Stephan and R L Whyburn and Associates [2000] NSWIRComm 154 Vincent v Le Cornu Furniture and Carpet Centre Pty Ltd (1996) 71 IR 227