Robyn Anne Robson and Gloria El Kafrouni [2008] NSWIRComm 1066

Industrial Relations Commission of New South Wales

CITATION: Robyn Anne Robson and Gloria El Kafrouni [2008] NSWIRComm 1066

APPLICANT Robyn Anne Robson PARTIES: RESPONDENT Gloria El Kafrouni

FILE NUMBER(S): IRC 455 of 2008

CORAM: McKenna C

CATCHWORDS: CATCHWORDS Unfair dismissal – out of time application – subsequent notice of motion re jurisdiction and late application – evidence and principles re late application considered – identity of employer considered re transfer of employment from personal employer to corporate employer – Held: Application accepted out of time – finding that the personal employer was the relevant employer at date of dismissal – jurisdictional aspects of notice of motion dismissed – costs reserved – directions for hearing re substantive claim of unfair dismissal – file remitted to Registry for allocation of hearing date

LEGISLATION CITED: Industrial Relations Act 1996 (NSW) s84 Workplace Relations Act 1996 (Cth) s643

Hurrell v Queensland Cotton Corporation (2003) 125 IR 145 McClusky v Karagoizis [2002] FCA 1137; (2002) 120 IR 147 CASES CITED: Mid-City Skin & Laser Centre v Zahedi-Anarak [2006] NSWSC 844 Nokes v Doncaster Amalgamated Colleries Ltd [1940] AC 1014 at 1026 Sebastian v Roads and Traffic Authority of New South Wales (1995) 62 IR 190 Textile Footwear & Clothing Union of Australia v Bellechic Pty Ltd [1998] FCA 1465

HEARING DATES: 30 June 2008 (re out of time application and notice of motion)

DATE OF JUDGMENT: 22 July 2008