Julie Pritchard v Measurement Resources Pty Limited [2006] NSWIRComm 1151

Industrial Relations Commission of New South Wales

CITATION: Julie Pritchard v Measurement Resources Pty Limited [2006] NSWIRComm 1151

APPLICANT Julie Pritchard PARTIES: RESPONDENT Measurement Resources Pty Limited

FILE NUMBER(S): 6105 of 2005

CORAM: Macdonald C

CATCHWORDS: Application for relief from victimisation - out of time application - several months - representative error defence - Applicant also responsbile for delay - hardship to the Respondent - prospects of success - exercise of Commission's discretion - out of time application rejected.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Alley v Camnex Pty Limited t/as Combined Nursery Sales [2005] NSWIRComm 357 Hurrell v Queensland Cotton Corporation Limited [2003] NSWIRComm 139

HEARING DATES: 15/08/06

DATE OF JUDGMENT: 11/23/2006

APPLICANT Mr S Jolly, solicitor LEGAL REPRESENTATIVES: RESPONDENT Mr J Boyle, solicitor

DECISION: - 19 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

23 November 2006

Matter No IRC 6105 of 2006

Julie Pritchard and Measurement Resources Pty Limited

Application by Julie Pritchard for relief from victimisation pursuant to section 213 of the Industrial Relations Act 1996

PRELIMINARY DECISION

[2006] NSWIRComm 1151

1 The Commission has before it an application by Julie Pritchard ("the Applicant") for relief from victimisation against Measurement Resources Pty Limited ("the Respondent") pursuant to section 213 of the Industrial Relations Act 1996 ("the Act"). 2 This Preliminary Decision arises from an Out Of Time issue pursued by the Respondent. 3 This section 213 application was filed on 24 November 2006. (The Applicant had also filed a section 84 unfair dismissal application against the same Respondent: IRC 05/1886. That file was arbitrated on 16 November 2005 and 27 March 2006 and a decision in that matter was handed down after the Commission had considered the evidence and submissions about the Out Of Time issue in this present s213 application: IRC 6105/05). 4 At the Out of Time Hearing the Respondent was represented by Mr J Boyle, solicitor.