Ary v Sydney South West Area Health District [2013] NSWIRComm 96

Industrial Relations Commission New South Wales Medium Neutral Citation: Ary v Sydney South West Area Health District [2013] NSWIRComm 96 Hearing dates: 31 October 2013 Decision date: 08 November 2013 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: The application by Ms Ary to extend time to appeal in this matter is refused. I so order. Catchwords: APPEAL - Application for leave to appeal and appeal from decision of Commissioner Tabbaa - EXTENSION OF TIME - Whether Appellant should be granted an extension of time in which to appeal - Whether explanation for filing application was satisfactory - Prospects of success on appeal - Extension refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Ary v Sydney South West Pathology Service [2013] NSWIRComm 1010 Samimi v Seyedabadi; Samimi v Seyedabadi [2013] NSWCA 279 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural and other rulings Parties: Tazra Ary (Appellant) Sydney South West Area Health District (Respondent) Representation: Tazra Ary - Appellant - self-represented Mr S Bull (Senior Industrial Relations Officer) - Respondent File Number(s): IRC 676 of 2013

DECISION 1Tazra Ary has sought leave to appeal and, if leave were to be granted, to appeal from a decision of Tabbaa C in which the Commissioner declined to grant Ms Ary relief in relation to an unfair dismissal claim and dismissed the claim: see Ary v Sydney South West Pathology Service [2013] NSWIRComm 1010. 2The application for leave to appeal and appeal, however, was filed out of time and so Ms Ary has necessarily sought an extension of time in which to appeal. This decision concerns the extension application.