NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Annie Margaret Clark and Graham Wellings [2007] NSWIRComm 8
APPLICANT Annie Margaret Clark PARTIES: RESPONDENT Graham Wellings
FILE NUMBER(S): 2526 of 2006
CORAM: Sams DP
Termination of employment - unfair dismissal - application lodged out of time - Commission's discretion to extend time to accept application - whether sufficient reason to accept claim - constructive dismissal - termination of employment at employer's initiative - conversation between applicant and respondent - expectation of ongoing employment. CATCHWORDS: Held; sufficient reason established to accept out of time application - words used by respondent constituted employment terminated at employer's initiative - constructive dismissal - dismissal harsh - reinstatement impractical - compensation ordered.
LEGISLATION CITED: Industrial Relations Act 1996
Allison v Bega Valley Council (1995) 63 IR 68 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Griffith Ex-Services Club Limited v Federated Liquor and Allied Industries Employees' Union of Australia (NSW Branch) (1993) 51 IR 186 CASES CITED: Hurrell and Queensland Cotton Corporation Limited [2003] NSWIRComm 139 Martin v Nominal Defendant (1957) 74 WN (NSW) 121 Waine -v- BHP Steel (unreported matter IRC3130/2001) Ward v Mobile Innovations [2002] NSWIRComm 287
HEARING DATES: 14 November 2006
DATE OF JUDGMENT: 2 February 2007
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