Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 4) [2007] NSWIRComm 51

Industrial Relations Commission of New South Wales

CITATION: Elka Simjanovska and Roads and Traffic Authority of New South Wales (No 4) [2007] NSWIRComm 51

APPLICANT Elka Simjanovska PARTIES: RESPONDENT Roads and Traffic Authority of New South Wales

FILE NUMBER(S): 4554 of 2005; 2762; 3138 of 2006

CORAM: Sams DP

CATCHWORDS: Application to adjourn proceedings - comprehensive medical report provided - no medical evidence to the contrary - medical report accepted - adjournment sought on conditions - unsatisfactory state of proceedings - considerable costs already expended - proceedings adjourned indefinitely until medical clearance is received - undertaking to be given by applicant as to willingness to proceed - no further directions to be issued - no hearing dates listed - orders as to no new interlocutory matters to be initiated until clearance is received - proceedings adjourned indefinitely.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 8 March 2007

DATE OF JUDGMENT: 8 March 2007

APPLICANT No appearance LEGAL REPRESENTATIVES: RESPONDENT Ms J Nand Spark Helmore Lawyers

JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS DP 8 March 2007

Matter No IRC 4554 of 2005 and 2762, 3138 of 2006 Elka Simjanovska and Roads and Traffic Authority

Applications by Elka Simjanovska for relief from victimisation pursuant to section 213 of the Industrial Relations Act 1996

DECISION [2007] NSWIRComm 51

1 The Commission has listed these matters for hearing today, following my refusal, inter alia, on 6 March 2007, to accept an adjournment application, filed by the applicant in these proceedings, on the grounds of illness.