Rahman and Director-General NSW Department of Education and Training [2004] NSWIRComm 370

Industrial Relations Commission of New South Wales

CITATION : Rahman and Director-General NSW Department of Education and Training [2004] NSWIRComm 370 APPELLANT M Tabibar Rahman PARTIES : RESPONDENT Director-General New South Wales Department of Education and Training FILE NUMBER: IRC 3507 of 2004 CORAM: Sams DP; Staff J; Bishop C CATCHWORDS : Unfair dismissal - Appeal - Leave to appeal - Whether application out of time - Whether application should be accepted if found to be out of time - Exercise of discretion by Commissioner correct - Application filed out of time - Appellant declined to advance reasons why application should be accepted out of time - If leave to extend time refused unnecessary to resolve question of jurisdiction whether dismissal occurred - Leave to appeal refused - Appeal dismissed LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Perrott v Xcellenet Australia Limited & Ors (1998) 84 IR 255 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 HEARING DATES: 10/15/2004 DATE OF JUDGMENT: 12/03/2004

APPELLANT M Tabibar Rahman In person

LEGAL REPRESENTATIVES: RESPONDENT Mr J Fernan of counsel Solicitor: Mr P Quinn New South Wales Department of Education and Training

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP STAFF, J BISHOP, C 3 December 2004 Matter No IRC 3507 of 2004 M TABIBAR RAHMAN AND DIRECTOR-GENERAL NEW SOUTH WALES DEPARTMENT OF EDUCATION AND TRAINING Application by M Tabibar Rahman for leave to appeal and appeal against a decision of Commissioner McKenna given on 3 June 2004 in matter no. IRC 5913 of 2003 DECISION OF THE FULL BENCH [2004] NSWIRComm 370