Boda v Department of Corrective Services [2005] NSWIRComm 1119

Industrial Relations Commission of New South Wales

CITATION: Boda v Department of Corrective Services [2005] NSWIRComm 1119

APPLICANT: Sarolta Boda PARTIES: RESPONDENT: New South Wales Department of Correctrive Services

FILE NUMBER(S): 1827 of 2005

CORAM: Ritchie C

Claim of Unfair Dismissal Had made a claim before GREAT,but after conciliation had withdrawn her claim. Appeal before GREAT had now lapsed. Submitted was not told about ability to file before IRCNSW by then legal representative until after filed appeal with GREAT Respondent submitted that as she had commenced proceedings before GREAT thefore IRCNSW does not have jurisdiction to hear matter in accordance with s.90(b) CATCHWORDS: Applicant submitted that unfair if not allowed to proceed as she did not proceed with GREAT appeal. S.90 there to ensure no duplication or duality of proceedings. Found it would be unfair not to allow the application to proceed. Found that forum shopping and abuse of process did not take place Application accepted out of time Application to proceed to hearing.

LEGISLATION CITED: Industrial Relations Act 1996

Tasovac v NSW Police Service 83IR 410 Director General of the Dept. of Corrective Services v Mitchell (1992) 42IR 38 CASES CITED: Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 35 ALR 151 Kingston v Keprose Pty Ltd (1987) 11NSW LR