Hussain and New South Wales Department of Education and Training [2003] NSWIRComm 455

Industrial Relations Commission of New South Wales

CITATION : Hussain and New South Wales Department of Education and Training [2003] NSWIRComm 455 APPLICANT: PARTIES : Talim Hussain RESPONDENT: New South Wales Department of Education and Training FILE NUMBER: 659 of 2003 CORAM: Sams DP Termination of employment - unfair dismissal - conduct of proceedings - binding agreement - Commission's rules - r 146 - failure to comply with directions - failure to attend proceedings - want of prosecution - principles considered. CATCHWORDS : Held, no explanation for non attendance at proceedings - application not pursued with due diligence - r 146 - application dismissed for want of prosecution. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Kaprivinjak and others v Body Corporate Services (NSW) Pty Limited (1999) 87 IR 49 Xiu Zhen Lin v Roseville Golf Club Limited [2002] NSWIRComm 81 HEARING DATES: 11/14/2003 EXTEMPORE JUDGMENT DATE : 11/14/2003

APPLICANT: No appearance LEGAL REPRESENTATIVES: RESPONDENT: Mr S Benson of Counsel instructed by Ms B Charlton (Solicitor), Department of Education and Training

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP

10 December 2003

Matter No IRC03/659 Talim Hussain and New South Wales Department of Education and Training. Application by Talim Hussain re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996. DECISION [2003] NSWIRComm 455