NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: CFMEU v Oakdale Sydney Construction Pty Ltd [2008] NSWIRComm 1081
APPLICANT: PARTIES: CFMEU o/b Mr G. McCarthy RESPONDENT: Oakdale Sydney Construction Pty Ltd.
FILE NUMBER(S): 621 of 2008
CORAM: Ritchie C
Termination of employment victimisation application under section 213 of IR act. applicant believed terminated due to activity in workplace safety committee on building site. Respondent stated termination due to no more work. out of time application relevant principles application delay due to criminal proceedings,unaware of 21 day time CATCHWORDS: application filed considerably out of time no hardship for applicant hardship found for respondent due to lack of notice of impending application and memory of some facts. Application accepted due to seriousness of claim-public interest Found that respondent who ordered termination unaware at the time of applicant's membership on safety committee and complaints received by head contractor . Upheld reason for termination by the respondent to be valid Application therefore dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Brisbane South Regional Health Authority v Taylor 186CLR541 Hurrell and Queensland Cotton Corporation Limited [2003} NSWIRComm139
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