Katsantonis v Inner West Council [2017] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Katsantonis v Inner West Council [2017] NSWIRComm 1015 Hearing dates: 10 April 2017 Date of orders: 18 April 2017 Decision date: 18 April 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for extension of time pursuant to s.85 refused Catchwords: UNFAIR DISMISSAL - application made out of time – 16 days out of time - principles - proper meaning of 'conduct of the employer' within subs. 85(3)(c) - matters to be considered in exercise of discretion – hardship to employee in circumstances where reinstatement and re-employment not sought - applicant received advice within 21 day limit - application refused Legislation Cited: Industrial Relations Act 1996 s.84, s.85(3) Uniform Civil Procedure Rules 2005, rule 1.11 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 Ibrahim v Director-General, NSW Ministry of Health in respect of Sydney Local Health District [2013] NSWIRComm 1012 McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283 Category: Procedural and other rulings Parties: Ms Rebecca Katsantonis (applicant) Inner West Council (respondent) Representation: Applicant in person Ms V Sultana (Local Government NSW) File Number(s): 2016/382331