Malik v Industrial Relations Secretary [2016] NSWIRComm 1

Industrial Relations Commission New South Wales Medium Neutral Citation: Malik v Industrial Relations Secretary [2016] NSWIRComm 1 Hearing dates: 26 October 2015 Date of orders: 18 February 2016 Decision date: 18 February 2016 Before: Walton J, President; Tabbaa C; Stanton C Decision: The Full Bench makes the following order:

1. Leave to appeal is refused. Catchwords: APPEAL - application to extend time at first instance - application refused - earlier unfair dismissal proceedings - agreement reached in conciliation subject to verification of fitness - later change recruitment policy - claimed unlawful dismissal in 2005 - claimed failure to give effect to agreement - neither basis for demonstrating error below - grounds of appeal not substantiated - leave to appeal refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Griffith Ex-Services Club Ltd v Federated Liquor and Allied Employees Union of Australia (NSW Branch) on Behalf of Vian (1993) 51 IR 186 Hurrell v Queensland Cotton Corporation Limited [2003] NSWIRComm 139 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10; (2015) 248 IR 298 Kelly v Prouds Jewellers Pty Ltd (1994) 53 IR 3 Lucic v Nolan (1982) 45 ALR 411 Director-General of Education and Training and Bond [2009] NSWIRComm 40 New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union and Liverpool City Council [2014] NSWIRComm 17 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Raveena Singh Rai v State Transit Authority of New South Wales [2015] NSWIRComm 27 Category: Principal judgment Parties: Aftab Ahmed Malik (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: