NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Suwaid and Housing NSW [2010] NSWIRComm 1064
APPLICANT Jeanette Suwaid PARTIES: RESPONDENT Housing NSW
FILE NUMBER(S): IRC 86 of 2010
CORAM: Bishop C
CATCHWORDS: UNFAIR DISMISSAL - out of time application - temporary public sector employee - application for permanent employment - temporary employment concluded - not successful in permanent position or placement on eligibility list - not advised - separarate investigation into tenancy issue - advised re permanent position nine months later - pre-planned overseas travel - illness overseas - application on return - juridiction pressed as to insuficient reason for twelve month delay since employment concluded - jurisdiction pressed as to temporary employee - reinstatement sought. HELD - delay to be counted from cessation of temporary employment - applicant sought legal advice - aware of 21 day limitation - chose not to apply due to potential for adverse consequence re permanent application - unreasonable belief - applicant not made out sufficient reason for delay - temporary employment concluded per PSEM Act - jurisdictional issue upheld - application dismissed.
Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations (General) Regulation 2001 Public Sector Employment and Management Act 2002
Australian Services Union of New South Wales v Ammberly's Single Women's Refuge Inc [2003] NSWIRComm 16 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Clarke v Mid North Coast Health Service [1999] NSWIRComm 435 Commonwealth; Ex Parte Marks [2000] HCA 67 D'Lima v Board of Management Princess Margaret Hospital for Children (1995) 64 IR 19 CASES CITED: Green v Yum! Restaurant Pty Ltd [2004] NSWIRComm 1109 Greene v Mayne Nickless Pty Ltd t/as Armaguard [1998] NSWIRComm 40 Minister for Health v Ferry (1996) 65 IR 374. Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (on behalf and Susan Benfell) v Department of Education and Training [2008] NSWIRComm 16 Ryde-Eastwood Leagues Club Ltd v Taylor (1994) 56 IR 385 Smith v Director General of School Education (1993) 31 NSWLR 349 Syed Rizvi v South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1084
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