Michael York v Minister for Lands [2007] NSWIRComm 251

Industrial Relations Commission of New South Wales

CITATION: Michael York v Minister for Lands [2007] NSWIRComm 251

APPLICANT Michael York (Respondent on Motion) PARTIES: RESPONDENT Minister for Lands (Applicant on Motion)

FILE NUMBER(S): 519 of 2007

CORAM: Sams DP

Notice of Motion - jurisdiction of the Commission - unfair dismissal - termination of appointment to statutory office - Reserve Trust Boards under Crown Lands Act - powers of Minister to appoint and dismiss members of Trust Board - appointment process - whether position voluntary - role and functions of Trust Boards - indicia of employment - state of evidence - applicant received no remuneration - control test - whether applicant an employee - out of time application. CATCHWORDS: Held; unrepresented litigant given considerable latitude - irrelevant evidence - presentation of case unsatisfactory - conduct of proceedings - provisions of Industrial Relations Act - applicant knew position was voluntary - applicant received no remuneration and not entitled to remuneration - no contract of employment - conduct of parties did not evince an intention to create an employment relationship - no intention to create a legally enforceable relationship - no provision of equipment - no control over Board members' duties - statutory appointment - free to work for any other person or employer - overall relationship not one of employment - applicant not an employee - no jurisdiction of the Commission - significant delay in filing claim - no sufficient reason established - notice of motion granted - application dismissed.