NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Syed Rizvi and South Eastern Sydney and Illawarra Area Health Service [2009] NSWIRComm 1084
APPLICANT PARTIES: Syed Muhammad Abbas Rizvi RESPONDENT South Eastern Sydney and Illawarra Area Health Service
FILE NUMBER(S): 1363 of 2009
CORAM: Bishop C
Unfair dismissal - out of time application - initial application to AIRC - subsequent union negotiations with employer - negative result - application filed 126 days after cessation of employment - applicant aware of 21 day limit - jurisdictional issue of fixed term employee on a specified task also raised - extension of time CATCHWORDS: opposed - jurisdictional issue pressed. HELD - applicant had not made out a sufficient reason to exercise discretion and grant extension - viewed application as last resort - should have been first resort as Act intends - limited chance of success due to jurisdictional issue - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Bond v Director-General of Education and Training [2008] NSWIRComm 1131 Director-General of Education and Training v Bond [2009] NSWIRComm 40 Green and Yum! Restaurant Pty Ltd [2004] NSWIRComm 1109 CASES CITED: Howell v Red Australia Equipment [ 2002] NSWIRComm 119 Lucic v Nolan (1982) 45 ALR 411 Marcus Lewandowski v NSW Police Force [2009] NSWIRComm 28 Robert Stanley Green and Mayne Nickless trading as Armaguard [2008] NSWIRComm 40 Stratford v Anglican Retirement Villages [2006] NSWIRComm 1166
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