Helman Rojas and Moran Health Care Group Pty Ltd trading as Annandale Nursing Home [2006] NSWIRComm 1111

Industrial Relations Commission of New South Wales

CITATION: Helman Rojas and Moran Health Care Group Pty Ltd trading as Annandale Nursing Home [2006] NSWIRComm 1111

PARTIES: Helman Rojas and Moran Health Care Group Pty Ltd trading as Annandale Nursing Home

FILE NUMBER(S): 2275 of 2006

CORAM: McKenna C

CATCHWORDS: Unfair dismissal - failure of applicant to either seek relist or discontinue - further failure to respond to Commission by specified date - dismissal for want of prosecution

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 22/05/06

DATE OF JUDGMENT: 07/07/2006

Applicant Mr H Rojas Self represented LEGAL REPRESENTATIVES: Respondent Mr R Marshall, solicitor Fisher Cartwright Berriman

DECISION:

1. This is an application made pursuant to s84 of the Industrial Relations Act 1996 in which the applicant, Helman Rojas, alleged he was harshly, unreasonably or unjustly dismissed by the respondent, the Moran Health Care Group Pty Ltd t/as Annandale Nursing Home.

2. The matter was listed for conciliation and directions on 22 May 2006. The respondent raised a number of issues that day concerning the application, which focussed on the operation of the WorkChoices legislation, the late filing of the application, and the contention the termination of employment was not at the initiative of the employer.

3. Attempts to conciliate the matter on 22 May 2005 were unsuccessful. The matter was adjourned on 22 May 2006 to allow the applicant to take professional advice on his application, with a view to seeking either a re-listing or advising of discontinuance.