NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Green & Yum! Restaurant Pty Ltd [2004] NSWIRComm 1109 APPLICANT PARTIES: Amanda Green RESPONDENT Yum! Restaurant Pty Ltd FILE NUMBER: IRC 2513 of 2004 CORAM: Bishop C CATCHWORDS: unfair dismissal - out of time application - representative error resulting in delay - onus on applicant to establish applicant has taken action to ensure no delay - representative error established - applicant not present at hearing - conflicting evidence - applicant did not establish took sufficient action - Commission decined to excercise discretion and accept application - application dismissed LEGISLATION CITED: Industrial Relations Act 1996 Bagnat v Ian Liddell Pty Ltd Breust v Qantas Airlines Brisbane Regional Health Authority v Taylor Clark v Ringwood Private Hospital (1997) 74 IR413 CASES CITED: Griffith Ex-Services Club Ltd v Federated Liquor and Allied Industries Employees Union of Aust (NSW Branch) (1993) 51 IR 186 Hunter Valley Developments Pty Ltd v Cohen (1984) 3n FCR 344 Kent Gorrell v Uwatec Pty Ltd (unreported) Mark John Kelly v Southern Meats P/L 1999 (Unreported) Sophron v Nominal Defendant (1957) 96 CLR 469 HEARING DATES: 08/05/2004 DECISION DATE: 11/26/2004 APPLICANT Tzovaris Legal - Mr B Manning REPRESENTATIVES: RESPONDENT Nation Retail Association - Mr C Broadbent
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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