Dowling and Cardcall Pty Ltd [2006] NSWIRComm 132

Industrial Relations Commission of New South Wales

CITATION: Dowling and Cardcall Pty Ltd [2006] NSWIRComm 132

APPELLANT PARTIES: Shane Dowling RESPONDENT Cardcall Pty Ltd

FILE NUMBER(S): IRC 2029 of 2006

CORAM: Sams DP

Appeal - application for leave to appeal - application to extend time to appeal - unfair dismissal - applicant's misconduct - unfair dismissal application dismissed - ex tempore decision of Commissioner at first instance - reasons for delay in bringing appeal - lack of financial resources - lack of legal knowledge - delay in receipt of written copy of decision - stress and mental exhaustion - allegations of breaches of Occupational Health and Safety Act - errors of Commissioner at first instance - improper procedures - allegations of contempt, bribery, improper conduct and dishonesty - public interest - prospects of success - requirements of justice - principles considered. CATCHWORDS: Held, no evidence of lack of financial resources, lack of legal knowledge, stress or mental exhaustion - delay in receipt of written copy of decision irrelevant - further delay of 46 days - length of delay significant - no evidence to support wild and scandalous accusations - little likelihood appeal would succeed - Commissioner's decision open on the evidence - doubt whether leave to appeal would be granted - no injustice to the parties - application to extend time to appeal refused - application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000

Barataud v Chipperfield [2006] NSWIRComm 131 CASES CITED: Bon McArthur Transport Pty Ltd t/as McArthur Express and Hanbury Investments Pty Ltd [2004] NSWIRComm 55 Cavacuitti and Anor v Toyota Motor Corporation Ltd [2002] NSWIRComm 341 Knowles v Anglican Church No 2 (1999) 95 IR 380