NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Brennock vFyvit Pty Limited [2005] NSWIRComm 1008
APPLICANT: Mr. Justin Brennock PARTIES: RESPONDENT: Fyvit Pty Limited
FILE NUMBER(S): 2902 of 2004
CORAM: Ritchie C
Unfair Dismissal Claim Terminated for abandonment of employment Dispute over dates of employment Application filed over 14 months late Applicant unaware of ability to claim unfair dismissal Whether sufficient reason for delay-s85(3) of the Act. CATCHWORDS: Hardship to applicant or respondent Held-delay significant almost fatal to application Prejudice to respondent due to death of owner in the intervening period Very limited period of employment Application refused Application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Hurrell and Queensland Cotton Corporation Limited[2003] NSWIRComm139 CASES CITED: Brisbane South Regional Health Authority v Taylor(1996) 186 CLR 541
HEARING DATES: 11/16/2004; 12/15/2004
DATE OF JUDGMENT: 02/01/2005
Mr. G. Archer of Archer and Archer Solicitors LEGAL REPRESENTATIVES: Mr. M. Easton of Counsel
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: RITCHIE C.
1 February 2005
Matter No IRC 2902 of 2004
IN THE MATTER OF: Justin Brennock and Fyvit Pty Ltd
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