York v DET [2011] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: York v DET [2011] NSWIRComm 1054 Hearing dates: 14/11/11, 15/11/11 Decision date: 25 November 2011 Before: Ritchie C. Decision: Catchwords: Claim for unfair dismissal. Applicant worked for the respondent as a Student Welfare Consultant. Applied and was appointed on a temporary basis to this position for terms 3 and 4 of 2010. Because he did no sign the Acceptance of Offer letter the applicant did not believe that this job would cease at end of term 4 ,2010. Applicant filed his application 130 days out of time. Commission found that no sufficient reason existed to accept application and that because applicant was employed for a specific period of time he was exempted from applying (section 83(2)) for unfair dismissal. Application for costs by Respondent. Respondent sought costs under s.181(2)(a),(b),or (c). Found that application was neither frivolous or vexatious and found that applicant had reasonable cause based on applicant's interpretation of the law. Legislation Cited: Industrial Relations Act, 1996 : Teaching Services Act, 1980 Cases Cited: Hurrell and Queensland Cotton Corporation Limited[2003]NSWIRComm 139. Griffith Ex-Services Club Limited v Federated Liquor & Allied Employees Union of Australia(NSW Branch). Lucic v Nolan (1982) 45ALR411 Martin v Nominal Defendant (1957) WN (NSW) 121 Bankstown City Council v Paris(1999) 93IR@009. General Steel Industries Inc v Commissioner for Railways (NSW)(1964) 112CLR125. Kanan v Australian Postal and Telecommunications Union (1992) 43 IR257. Attorney General v Wentworth (1988) 14 NSWLR481. Category: Principal judgment Parties: Mr S. York (applicant): Department of Education and Training(respondent) Representation: Ms E Brus of Counsel Mr S York (Self Represented) File Number(s): IRC 739 of 2011