Jitendra Mohan Sud and Director General, Department of Education and Communities [2013] NSWIRComm 1001

Industrial Relations Commission New South Wales Medium Neutral Citation: Jitendra Mohan Sud and Director General, Department of Education and Communities [2013] NSWIRComm 1001 Hearing dates: 13 June and 14 June 2012 Decision date: 23 January 2013 Before: Tabbaa C AM Decision: Dismissed Catchwords: Unfair Dismissal application; Out of Time threshold issue; Letter of dismissal forwarded to the Applicant at his last three known addresses; No sufficient reason exists for exercising discretion. Dismissed. Legislation Cited: Industrial Relations Act 1996 Teaching Services Act 1980 Education Teaching Service Regulation 2007 Cases Cited: Jitendra Mohan Sud v NSW Department of Education and Training [2010] NSWIRComm 1024; NSW Department of Education and Training v Sud [2010] NSWIRComm 147; Griffith Ex-Services Club Ltd v Federated Liquor and Allied Employees' Union of Australia NSW Branch on behalf of Vian (1993) 51 IR 186; Markovski v Sydney South West Area Health Service [2010] NSWIRComm 1043; McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283; Markovski, Green v Yum! Restaurants Pty Limited [2004] NSWIRComm 1109 at [138]; Khorramdel v Sydney South West Area Health Service [2010] NSWIRComm 1018 at [180]; Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145 at [12] - [15] and Director-General of Education and Training v Bond [2009] NSWIRComm 40; Jones v Dunkel [1959] HCA 8. Category: Principal judgment Parties: Jitendra Mohan Sud (Applicant) Director General, Department of Education and Communities (Respondent) Representation: Mr G Boyce (Applicant) Mr A Britts (Respondent) Ms M Buchanan (Principal Legal Officer, Employee Performance and Conduct Unit, Department of Education and Training) File Number(s): IRC 321 of 2011