Stephen York and NSW Department of Education and Communities [2015] NSWIRComm 1011

Industrial Relations Commission New South Wales Medium Neutral Citation: Stephen York and NSW Department of Education and Communities [2015] NSWIRComm 1011 Hearing dates: 08/10/2014 Decision date: 05 June 2015 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Application dismissed Catchwords: Unfair dismissal application – jurisdictional objection – application out of time – whether employee dismissed – insufficient reasons to accept application out of time – employee not dismissed – contract came to an end by the effluxion of time – application dismissed. Legislation Cited: Industrial Relations Act 1996 Teaching Service Act 1980 Fair Work Act 2009 (Cth) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; Cheval Properties Pty Ltd v Smithers [2010] FWAFB 7251; Director-General of Education and Training and Bond [2009] NSWIRComm 40; Director-General of Education v Suttling [1987] HCA 3; (1987) 162 CLR 427; Gardner v Secretary of Treasury (Department of Justice – Corrective Services NSW) [2014] NSWIRComm 52; Griffith Ex-Services Club Limited v Federated Liquor and Allied Industries Employees' Union of Australia (NSW Branch) (1993) 51 IR 186; Herron v McGregor (1986) 6 NSWLR 246 at 254; Hurrell and Queensland Cotton Corporation Limited [2003] NSWIRComm 139; McDiarmid v Shoalhaven City Council [2013] NSWIRComm 1024; Nulty v Blue Star Group Pty Ltd [2011] FWAFB 975; Parker v Department of Human Services [2009] FWA 1638; Sarah Lunn v Department of Justice [2006] AIRC 756; Smith and New South Wales Police Service (No 2) [2004] NSWIRComm 311; and USU on behalf Paul Parker & Newcastle City Council re dismissal [2014] NSWIRComm 1012 Category: Principal judgment Parties: Stephen York (Applicant)