Marko Markovski and Director-General of the Department of Health in respect of Sydney South West Area Health Service as a division of the NSW Department of Health [2010] NSWIRComm 1043

Industrial Relations Commission of New South Wales

CITATION: Marko Markovski and Director-General of the Department of Health in respect of Sydney South West Area Health Service as a division of the NSW Department of Health [2010] NSWIRComm 1043

APPLICANT Marko Markovski PARTIES: RESPONDENT Director- General of the Department of Health in respect of Sydney South West Area Health Service as a division of the NSW Department of Health

FILE NUMBER(S): IRC 101 of 2010

CORAM: Bishop C

CATCHWORDS: Unfair dismissal - transfer to day shift for performance reasons - subsequent lengthy absence from workplace due to stress - attempts by employer to obtain further medical advice - attempts by employer to initiate return to work - applicant not cooperative - no response to show cause letter - terminated - out of time application - whether representative error - whether sufficient reason to accept application - reinstatement sought HELD - discretion to admit application considered - no representative error - sufficient reason for delay not advanced - limited prospect of success on merits - 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 and Bond [2009] NSWIRComm 40 CASES CITED: Hurrell v Queensland Cotton Corporation Limited [2002] NSWIRComm 139 Green & Yum! Restaurant [2004] NSWIRComm 1109 Syed Rizvi and South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1084