Hilton Erland Ward and Director-General of Education and Communities [2013] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: Hilton Erland Ward and Director-General of Education and Communities [2013] NSWIRComm 1028 Hearing dates: 1 November 2013 Decision date: 19 December 2013 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Out-of-Time Claim dismissed Catchwords: Unfair Dismissal-Out of time application-Under the cloud of termination for over two years-Applicant prepared to walk away-Decided at the last minute to challenge the dismissal-Onus falls on the Applicant to convince the Commission of a "sufficient reason" to accept an out-of-time application-Relevant factors considered-Applicant failed to convince the Commission, in the application of relevant factors to be considered in such claims, to exercise its discretion to depart from the strict time requirements of the Act. Legislation Cited: Industrial Relations Act 1996 Teaching Services Act 1980 Police Act 1990 Cases Cited: Griffith Ex-Services Club Ltd v Federated Liquor and Allied Employees' Union of Australia (NSW branch) on behalf of Vian (1993) 51 IR 186; Brady v Kennedy trading as "Sardines" (1999) 91 IR 258; Markovski v Sydney South West Area Health Service [2010] NSWIRComm 1043; McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283; Hurrell v Queensland Cotton Corporation Limited [2003] 125 IR 145; New South Wales Teachers' Federation (on behalf of Debra Balsters) and New South Wales Department of Education and Training [2008] NSWIRComm 32; NSW Department of Education and Training v Cassis [2007] NSWIRComm 158; Commissioner of Police v Eaton [2013] HCA 2 Category: Interlocutory applications Parties: Mr H E Ward (Applicant, self-represented) Representation: Mr A Britt (for the Respondent) Ms C Thomas (Legal Officer, Legal Services Unit, for the Respondent) File Number(s): IRC 708 of 2013