X v New South Wales Crown Solicitor's Office [2011] NSWIRComm 2

Industrial Relations Commission New South Wales Medium Neutral Citation: X v New South Wales Crown Solicitor's Office [2011] NSWIRComm 2 Hearing dates: 8 February 2011 Decision date: 08 February 2011 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: Application for adjournment dismissed. Catchwords: PRACTICE AND PROCEDURE - unfair dismissal application - application for adjournment of hearing - Practice Note 17 - whether clear and compelling reasons for adjournment - unavailability of counsel - application for adjournment refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Anley and Department of Education and Training [2009] NSWIRComm 39 Category: Procedural and other rulings Parties: X (Applicant) New South Wales Crown Solicitor's Office (Respondent) Representation: Solicitors: Mr C McArdle (Applicant) Ms L Atkinson on behalf of Department of Justice and Attorney General (Respondent) File Number(s): IRC 1495 of 2010

Judgment

EX TEMPORE 1This matter is referred to me by the Industrial Registrar pursuant to Practice Note 17 to consider an application made on 1 February 2011 by the Department of Justice and Attorney General ("the Department") for an adjournment of the hearing fixed in this matter for the period 4 - 6 April 2011 inclusive. 2The grounds for the adjournment, as set out in the email to the Industrial Registrar were that "unfortunately, a conflict of appointments for the Department's legal counsel has occurred deeming her unavailable for the period 4 - 6 April 2011 inclusive."

Background 3The background to this matter is that X ("the applicant") filed an application for relief in relation to unfair dismissal on 21 December 2010. 4On 24 December 2010, the employer's reply to the application was filed together with a notice of appearance. 5On 18 January 2011, Lynch AC chaired a conciliation conference. The matter did not resolve at conciliation. 6On 28 January 2011, standard directions were made and the matter was listed for hearing commencing on 4 April 2011. 7Ms L Atkinson appeared for the Department and pressed the application for an adjournment. Ms Atkinson advised that the Department's barrister was available when the dates were fixed for the hearing of this matter but has since become unavailable due to a conflict in respect of a matter fixed for hearing apparently before the Workers Compensation Commission. 8Mr C McArdle, solicitor, appeared for the applicant and consented to the application for an adjournment on the basis that there was a genuine conflict of calendars in respect of the barrister briefed by the Department and that the proposed dates would overlap with the original dates that had been fixed for the hearing of this matter in any event.