Marcus Lewandowski v NSW Police Force [2009] NSWIRComm 28

Industrial Relations Commission of New South Wales

CITATION: Marcus Lewandowski v NSW Police Force [2009] NSWIRComm 28

Applicant: PARTIES: Marcus Lewandowski Respondent: NSW Police Force

FILE NUMBER(S): IRC81 of 2008

CORAM: Kavanagh J

Claim under s84 of the Industrial Relations Act 1996 - Application for Extension of Time under s85 of the Industrial Relations Act 1996 - applicant self represented - assertion termination was a constructive dismissal - no act of employer a real and effective initiator of termination - employee's stress/depression not a factor - employee made conscious decision to resign - proper procedure followed by employer over reasonable period for consideration of resignation - no unfair conduct by employer - no constructive dismissal.

Withdrawal of resignation - whether obligation on employer to permit withdrawal before approval of resignation under statutory terms - whether consent of both parties required - held withdrawal of resignation under contract of employment must be with consent of both parties - no evidence of exception to the general rule - resignation not offered in heat of moment.

CATCHWORDS: Extension of time application granted in circumstances where union failed to advise and self represented applicant makes error as to jurisdiction.

No unfairness in termination of employment by resignation.

Application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 Police Service Act 1990

Allison v Bega Valley Council (1995) 65 IR 68 Birrell v Australian National Airlines Commission (1984) 9 IR 101 Galea v New South Wales Egg Corporation (Court of Appeal, 21 November 1989, unreported) Hurrell and Ors v Queensland Cotton Corporation Limited (2003) 125 IR 145 John Ninness and Ors v Miller Bulk Haulage Farming Co Pty Ltd (now Miller Farming Co Pty Ltd) [2008] NSWIRComm 183 CASES CITED: Lynette Ann Marsham v Chailey Pty Ltd t/as the Andrew Miedecke Family Trust [2000] NSWIRComm 1062 Ngo v Link Printing Pty Ltd (1999) 94 IR 375 Retail Traders Association of NSW v Shop Distributive & Allied Employees Association of NSW (1990) 36 IR 38 State of New South Wales v Paige (2002) 60 NSWLR 371 Technical Team Projects Pty Ltd v Noble Dunn Pty Ltd & Ors (1990) 20 NSWLR 221 Ward v Mobile Innovations Ltd [2002] NSWIRComm 287