NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Williams v. Corrimal RSL Memorial Club Limited [2006] NSWIRComm 1029
APPLICANT Paul Williams PARTIES: RESPONDENT Corrimal RSL Memorial Club Liomited
FILE NUMBER(S): IRC 5479 of 2005
CORAM: Connor C
CATCHWORDS: termination of employment - failure of applicant to comply with directions - application to dismiss matter - case management - Practice Direction No.17 - directions vacated
LEGISLATION CITED: Industrial Relations Act 1996
Gu v. Nature's Care Manufacture Pty Limited [2006] NSWIR Comm 39 CASES CITED: Skelly v. Prouds Jewellers Pty Limited (1994) 53 IR 3 Zammit v. KTS Logistics Pty Limited [2006] NSWIR Comm 36
HEARING DATES: 16/02/2006
DATE OF JUDGMENT: 02/16/2006
EXTEMPORE JUDGMENT DATE : 02/16/2006
APPLICANT applicant appeared in person
LEGAL REPRESENTATIVES:
RESPONDENT Michelle O'Neill Registered Clubs Association of New South Wales
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Thursday, 16 February, 2006
Matter No IRC 5479 of 2005
Paul Gregory Williams and Corrimal RSL Memorial Club Limited
Application under S.84 of the Industrial Relations Act, 1996
DECISION ON NOTICE OF MOTION
[2006] NSWIRComm 1029
1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act, Mr P G Williams lodged an application concerning the termination of his services as a casual bingo caller with Corrimal RSL Memorial Club Limited. Mr Williams was dismissed on Thursday, 11 August, 2005 after seven years of employment for alleged sexual misconduct. He has sought his reinstatement in employment with the club in his Part 6 application. He lodged his Part 6 application on Wednesday, 26 October, 2005, ie substantially outside the 21 day time limit prescribed by S.85(1) - 55 days. Mr Williams claimed that he had lodged an earlier Part 6 application - apparently within the 21 day time limit - but there is no record of that Part 6 application in the Registry office.
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