Clark v. Family And Community Services - Ageing, Disability and Home Care Services [2014] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Clark v. Family And Community Services - Ageing, Disability and Home Care Services [2014] NSWIRComm 1022 Hearing dates: 8 July 2014 Decision date: 08 July 2014 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application accepted out of time Catchwords: Application out of time - matters for consideration - length of and reasons for delay - illness - differing legal advice - employer on notice that dismissal contested - employer held out to applicant that dismissal might be reconsidered - age of applicant - no prejudice to employer - consequences of refusing application more serious than most - application admitted out of time. Legislation Cited: Industrial Relations Act 1996 ss. 84, 85(1), 85(2), 85(3) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Director-General of Education and Training v Bond [2009] NSWIRComm 40 Griffith Ex-Services Club Limited v Federated Liquor and Allied Industries Employees Union of Australia (NSW Branch) (1993) 51 IR 186 Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145 Jess v Scott (1986) 12 FCR 187 McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283 Category: Interlocutory applications Parties: John Ernest Clark - Applicant Family And Community Services - Ageing, Disability and Home Care Services - Respondent Representation: Mr R Dalgleish - applicant Mr G Bennett - respondent Mr M Ghobrial - applicant Mr S Bridgeford - respondent File Number(s): IRC 290 of 14