Dubow v Attorney General's Department of New South Wales [2004] NSWIRComm 237

Industrial Relations Commission of New South Wales

CITATION : Dubow v Attorney General's Department of New South Wales [2004] NSWIRComm 237 APPLICANT Yolande Dubow PARTIES : RESPONDENT Attorney General's Department of New South Wales FILE NUMBER: IRC 5207 of 2003 & 1588 of 2004 CORAM: Boland J CATCHWORDS : Unfair Dismissal - Threatened dismissal - Notice of Motion seeking default judgment and punitive costs - Late filing of evidence - No costs - Motion dismissed LEGISLATION CITED : Industrial Relations Act 1996 Nagle (T/as W D and J L Nagle & Sons) v Tilburg & Anor (1993) 51 IR 8 CASES CITED : Virtue v New South Wales Department of Education and Training (1999) 92 IR 428 Yolande Dubow v Attorney General's Department of New South Wales [2004] NSWIRComm 84 HEARING DATES: 08/11/2004 EXTEMPORE JUDGMENT DATE : 08/18/2004

APPLICANT In Person

LEGAL REPRESENTATIVES: RESPONDENT Mr S Benson of counsel Solicitor: Mr G de Courcey Crown Solicitor's Office

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: BOLAND J

Wednesday 18 August 2004

Matter No IRC 5207 of 2003 and 1588 of 2004 YOLANDE DUBOW v ATTORNEY GENERAL'S DEPARTMENT OF NEW SOUTH WALES

Applications under section 84 of the Industrial Relations Act 1984 INTERLOCUTORY DECISION (No 2) [2004] NSWIRComm 237

1 Yolande Dubow has applications before the Commission seeking relief in relation to two alleged episodes of threatened dismissal. As to the first application, the background is set out in my earlier interlocutory decision in Yolande Dubow v Attorney General's Department of New South Wales [2004] NSWIRComm 84 given on 6 April 2004. It may be seen Ms Dubow is alleging that she was threatened with dismissal on 3 September 2003 for "having a pink dress, speaking to the media and joking with a colleague which joke he did not object to" and that the threat remained alive.