Shao v Department of Aging Disability and Home Care [2017] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: Shao v Department of Aging Disability and Home Care [2017] NSWIRComm 1054 Hearing dates: 26 May 2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application made by Ms Yongxin Shao pursuant to section 84 of the Act is dismissed for reason that it was not brought within time Catchwords: UNFAIR DISMISSAL – two jurisdictional objections – contract of employment for a specified period of less than six months – applicant dismissed one month before specified end date – employer's right to dismiss inconsistent with a contract for a specified period – binding Full Bench authority – jurisdictional objection rejected – application filed 306 days out of time – no sufficient reason provided for delay in filing application – jurisdictional objection upheld – application dismissed Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Government Sector Employment Act 2013 Industrial Relations (General) Regulation 2015 Cases Cited: Custovic v State of New South Wales (Department of Family and Community Services - Housing NSW) [2014] NSWIRComm 48 Custovic v State of New South Wales (Department of Family and Community Services - Housing NSW) [2014] NSWIRComm 1007 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Category: Principal judgment Parties: Yongxin Shao (Applicant)

Department of Aging Disability and Home Care (Respondent) Representation: Applicant in person