Vijayaratnam v Director General, Department of Education and Training [2010] NSWIRComm 153

Industrial Relations Commission of New South Wales

CITATION: Vijayaratnam v Director General, Department of Education and Training [2010] NSWIRComm 153

PARTIES: Shoba Vijayaratnam (Appellant) Director General, Department of Education and Training (Respondent)

FILE NUMBER(S): IRC 686 of 2010

CORAM: Walton J Vice-President; Marks J; Bishop C

CATCHWORDS: APPLICATION FOR LEAVE TO APPEAL AND APPEAL – appeal against decision and orders of Commissioner Connor – unfair dismissal application out of time – whether error in failure to exercise discretion to accept application out of time – leave to appeal refused – appeal dismissed

LEGISLATION CITED: Industrial Relations Act 1996 – s 84, s 85, s 188

House v R [1936] HCA 40; (1936) 55 CLR 499 CASES CITED: Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Perrott v XcelleNet Australia Ltd (1998) 84 IR 255

HEARING DATES: 1 November 2010

DATE OF JUDGMENT: 12 November 2010

Shoba Vijayaratnam in person (Appellant) LEGAL REPRESENTATIVES: Ms E Brus of counsel (Respondent) NSW Department of Education and Training

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: Walton J, Vice President Marks J Bishop C

Friday 12 November 2010

Matter No IRC 686 of 2010

Shoba Vijayaratnam and Director General, Department of Education and Training

Application by Shoba Vijayaratnam for leave to appeal and appeal against a decision of Commissioner Connor given 9.7.2010 in matter no. IRC 199 2010

DECISION

[2010] NSWIRComm 153

1 In this matter the appellant, Shoba Vijayaratnam, seeks leave to appeal and, if so granted, to appeal against a decision of Connor C made on 9 July 2010 when he refused to allow an application for unfair dismissal lodged out of time to proceed.