NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Sonia Lawless and Leichhardt Community Youth Association [2003] NSWIRComm 66 APPLICANT: PARTIES : Ms Sonia Lawless REPONDENT: Leichhardt Community Youth Association FILE NUMBER: 6545 of 2002 CORAM: Sams DP Termination of employment - unfair dismissal - conduct of proceedings - Industrial Relations Commission Rules - Rule 146 - failure to attend proceedings - want of prosecution - balance of justice - principles considered CATCHWORDS : Held, onus on applicant to advise of contact details - extaordinary efforts made to contact applicant - last known postal address - failure to appear - application not pursued with due diligence - inconvenience and cost for respondent - balance of justice favours respondent - Rule 146 - application dismissed for want of prosecution LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Community Employment, Training and Support Award 1999 (Cth) HEARING DATES: 03/06/2003 DATE OF JUDGMENT: 03/06/2003
APPLICANT: No appearance LEGAL REPRESENTATIVES: RESPONDENT: Mr K Godfrey (Agent) Jobs Australia
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 12 March 2002 Matter No IRC02/6545 Sonia Lawless and Leichhardt Community Youth Association Application by Sonia Lawless re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2003] NSWIRComm 66
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