Siavash Khorramdel and Sydney South West Area Health Service [2010] NSWIRComm 1018

Industrial Relations Commission of New South Wales

CITATION: Siavash Khorramdel and Sydney South West Area Health Service [2010] NSWIRComm 1018

APPLICANT Siavash Khorramdel PARTIES: RESPONDENT Sydney South West Area Health Service

FILE NUMBER(S): IRC 1801 of 2009

CORAM: Bishop C

CATCHWORDS: Unfair dismissal - out of time application - filed 256 days after termination and after relese from gaol - terminated due to 18 months gaol sentence - alleged employer denied leave causing unavailability for work - union representation re leave and resignation - rejected by employer - union declined to take legal action - applicant alleged agreement re resignation reason for delay - alleged representative error. HELD - no representative error - applicant seeking leave then resignation - applicant had not made out sufficient reason to exercise discretion and grant extension - limited chance of success due to frustration of the contract - application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Director-General of Education and Training v Bond [2008] NSWIRComm 40 Green v Yum! Restaurant Pty Ltd [2004] NSWIRComm 1109 Hare v Murphy Brothers Limited [1973] 3 All E.R. 940 Hilton Hotels of Australia Limited v Pasovska [2003] NSWIRComm 17 CASES CITED: Hurrell v Queensland Cotton Corporation Limited [2003] NSWIRComm 139 John Ninness and ors v Miller Bulk Haulage Farming Co Pty Ltd (now Miller Farming Co Pty Ltd) [2008] NSWIRComm 183 Marcus Lewandowski v NSW Police Force [2009] NSWIRComm 132 Moore v Metropolitan Local Aboriginal Land Council [2005] NSWIRComm 325 Syed Rizvi v South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1084 Stephen Wendt v Peace Birk and ors [2004] NSWIRComm 275