NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Howell v Red Australia Equipment [2002] NSWIRComm 119 PARTIES : Trevor Howell Red Australia Equipment Pty Ltd FILE NUMBER: IRC 7968 of 2001 CORAM: Harrison DP CATCHWORDS : Unfair dismissal - application out of time - failure to provide any notice to employer that termination is challenged - hardship to employer - unable to consider primary remedies of reinstatement or re-employment - principle decision maker no longer available to employer to assist in defence. Application to admit out of time refused - application dismissed LEGISLATION CITED : Industrial Relations Act 1996 Graham v Micromex [2001] NSWIRComm 123 Brisbane South Regional Health Authority v Taylor (1996) 70 ALJR 866 McKinley v Port Stephens Baywatch Pty Ltd [1998] NSWIRComm 441 Gallo v Dawson (1990) 93 ALR 479 CASES CITED : Smith v Australian Meat Holdings Pty Ltd [2000] NSWIRComm 1135 Lucic v Nolan and Ors (1982) 45 ALR 411 Baxter v Charlestown Shopping Centre Holdings Pty Ltd (Harrison DP IRC1999/829, 17/3/99 unreported) Fuller v Southeron Earthmoving Pty Ltd [1998] NSWIRComm 420 Quality Bakers of Australia Ltd v Goulding and anor (1995) 60 IR 327 Thomas v Repco Auto Tech (Tabbaa C IRC1998/3900, 23/3/99 unreported) HEARING DATES: 05/06/2002 DATE OF JUDGMENT: 05/31/2002
APPLICANT Mr S Austin of Counsel instructed by Mr S Churches, Armstrong Solicitors
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