Denis James Dominguez and Department of Finance, Services and Innovation [2017] NSWIRComm 1053

Industrial Relations Commission New South Wales Medium Neutral Citation: Denis James Dominguez and Department of Finance, Services and Innovation [2017] NSWIRComm 1053 Hearing dates: 26 July 2017 Date of orders: 16 August 2017 Decision date: 16 August 2017 Jurisdiction: Industrial Relations Commission Before: Seymour C Decision: Application Dismissed Catchwords: UNFAIR DISMISSAL – application made out of time – effective termination date – constructive dismissal - matters to be considered in exercise of discretion – reason for delay – depression – obtaining other employment - change of mind - application refused Legislation Cited: Industrial Relations Act 1996 s.84, s.85(3), s.163 Government Sector Employment Act (2013), s. 68(2)(a) Cases Cited: Birrell v Australian National Airlines Commission (1984) 5 FCR 447 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Clark v Family and Community Services Ageing, Disability and Home Care Services [2014] NSW IRComm 1022, Director-General of Education and Training v Bond [2009] NSWIRComm 40 Goren and Linkware Australia Pty Ltd [2002] NSWIRComm 336 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 Jess v Scott (1986) 12 FCR 187 at 195 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Lucic v Nolan (1982) 45 ALR 411 at 416 Marko Markovski and Director General of the Department of Health in respect of Sydney South West Area Health Service [2010] NSWIRComm 1043 McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283 Category: Procedural and other rulings Parties: Denis James Dominguez(Applicant) Department of Finance, Services and Innovation (Respondent) Representation: Applicant in person P Cherry and S Davies (Respondent) File Number(s): 2017/137586