Philpot v Randwick City Council [2011] NSWIRComm 1043

Industrial Relations Commission New South Wales Medium Neutral Citation: Philpot v Randwick City Council [2011] NSWIRComm 1043 Hearing dates: 11 July 2011 Decision date: 04 August 2011 Before: Ritchie C Decision: Catchwords: Claim for unfair dismissal-Application filed 7 days late- applicant aware that there was a time limit-applicant advised that she was waiting for information from the respondent and Allianz prior to considering whether to file a claim. Respondent objected to application proceeding. Applicant wanted to know what her average weekly earnings would be prior to filing. Respondent argued that there did not exist sufficient reason to allow application to proceed.- Commission found that sufficient reason did not exist for application to proceed. Commission 's view that chances in the substantive case most doubtful. Application dismissed Legislation Cited: Industrial Relations Act, 1996 Cases Cited: Green v Mayne Nickless Ltd t/as Armaguard IRC2945 of 1997. Skelly v Prouds Jewellers Pty Ltd(1994) 53IR3 at 6. Brady v Kennedy t/as "Sardines"(1999) 91IR258. Hurrell and Queensland Cotton Corporation Limited (2003)NSWIRComm139. Grifith Ex-Services Club Limited v Federated Liquor &Allied Industries Employees Union of Australia( NSW Branch)(1993)51IR186. Category: Principal judgment Parties: Applicant: Ms KM Philpot : Respondent Randwick City Council Representation: KM Philpot Self Represented (applicant)

Mr R Nassif Local Government of New South Wales (respondent) File Number(s): IRC 230 of 2011