NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Casari and Sydney South West Area Health Service [2007] NSWIRComm 249
APPLICANT: Carlos Casari PARTIES: RESPONDENT: Sydney South West Area Health Service
FILE NUMBER(S): IRC 1449 of 2007
CORAM: Schmidt J
CATCHWORDS: Termination of employment - unfair dismissal - application lodged out of time - Commission's discretion to extend time to accept application - s 85(3) of the Industrial Relations Act 1996 - summary dismissal - grounds for summary dismissal challenged - complaints as to fairness of the interview process - English a second language - question of hardship - reference to Commission for Children and Young People - out of time filing result of representation error - leave sought granted
LEGISLATION CITED: Industrial Relations Act 1996 Legal Profession Act 2004
CASES CITED: Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145
HEARING DATES: 26 September 2007 EXTEMPORE JUDGMENT DATE: 26 September 2007
APPLICANT: Mr Daniel Delfino, solicitor SOLICITORS: Simone Legal LEGAL REPRESENTATIVES: RESPONDENT: Mr Greg Driver Acting Manager, Area Human Resources Sydney South West Area Health Service
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Schmidt J
26 September 2007
Matter No IRC 1449 of 2007
CARLOS CASARI AND SYDNEY SOUTH WEST AREA HEALTH SERVICE
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