Tolley v Secretary, NSW Ministry of Health in respect of Northern NSW Local Health District [2016] NSWIRComm 1043

Industrial Relations Commission New South Wales Medium Neutral Citation: Tolley v Secretary, NSW Ministry of Health in respect of Northern NSW Local Health District [2016] NSWIRComm 1043 Hearing dates: 14 November 2016 Decision date: 23 November 2016 Before: Newall C Decision: Application for extension of time pursuant to s.85 refused Catchwords: UNFAIR DISMISSAL - application made 161 days out of time - principles - application to Federal body within time – application to Commission not within 21 days of Federal body refusing jurisdiction – application not required to be admitted pursuant to s.85(2) – s.85(3) – matters to be considered in exercise of discretion – lengthy delay – prospects of restoring employment relationship poor – application refused PRACTICE AND PROCEDURE – Commission master of its own procedure – Industrial Relations Act s.163(1) – not bound to conduct proceedings adversarially – circumstances where appropriate to conduct proceedings by inquiry – effect of Civil Procedure Act 2005 ss.56, 58 on conduct of proceedings. Legislation Cited: Industrial Relations Act 1996 s.84, s.85(2), 85(3), 163(1) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Director-General of Education and Training v Bond [2009] NSWIRComm 40 Green v Mayne Nickless t/as Armaguard (unreported, Cambridge C, IRC2945 of 1997, 11 February 1998) 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 McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283 Category: Procedural and other rulings Parties: Mrs Evelyn Tolley (Applicant)