NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Kerry Wildred Reid -v- Eurobodalla Shire Council [2008] NSWIRComm 1061
PARTIES: APPLICANT: Kerry Wildred Reid RESPONDENT: Eurobodalla Shire Council
FILE NUMBER(S): 2179 of 2007
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application- s84 of the Act- conciliation- employee represented by solicitor- Commission advised matter not settled- Hearing programmed- Commission subsequently advised matter had settled-Hearing in Moruya Court House vacated- employee wrote to Commission seeking a Hearing on his reinstatement application- Hearing programmed- employee no longer legally represented- employer became legally represented.- employer filed Notice of Motion to strike out hearing on basis that employee had reached a binding agreement to settle his unfair dismissal application, per his legal representative, during conciliation- Hearing in Moruya Court House on Notice of Motion and reinstatement application. Held: Commission found in favour of employer- Notice of Motion- employee precluded from pursuing his s84 reinstatement application. Costs application by employer considered and rejected.
LEGISLATION CITED: Industrial Relations Act 1996
Attorney General v Wentworth (1998) 14 NSWLR 481 CASES CITED: Masters v Cameron (1954) CLR 353. Peden v Lake Macquarie Generation Pty Limited [2004] NSWIRComm 66.
HEARING DATES: 25 June 2008
DATE OF JUDGMENT: 11 July 2008
APPLICANT: Self represented LEGAL REPRESENTATIVES: RESPONDENT: Mr D Gardner, solicitor, Maddocks Lawyers
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