NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Goulding and Wynbob Pty Limited trading as Andersens Tweed Heads [2007] NSWIRComm 1008
APPLICANT John Boyce Goulding PARTIES: RESPONDENT Wynbob Pty Limited trading as Andersens Tweed Heads
FILE NUMBER(S): 2630 of 2006
CORAM: Murphy C
Preliminary matter of out of time application considered under S.85(3). Applicant dismissed on 27th January, 2006 but filed application under S.84 3rd July, 2006 -approximately 5 months later than 21 day time limit. Applicant advanced reasons related to recovery from surgical procedure soon after dismissal; time spent seeking other employment; time expended in mediation involvement of MD; and "plus delay Legal Aid".
CATCHWORDS: Commission gave ex-tempore decision finding applicant's evidence did not support reasons advanced or otherwise unconvincing. Substantial period when applicant did nothing to advance application, despite being alerted to delay issue.
Declined to exercise discretion under S.85(3) to allow application and dismissed at preliminary hearing for extensive lateness.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
HEARING DATES: 06/02/2007
EXTEMPORE JUDGMENT DATE : 6 February 2007
APPLICANT Mr Goulding represented himself LEGAL REPRESENTATIVES: RESPONDENT Mr Bob Green
DECISION: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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