Macdonald v Commissioner of Police [2017] NSWIRComm 1070

Industrial Relations Commission New South Wales Medium Neutral Citation: Macdonald v Commissioner of Police [2017] NSWIRComm 1070 Hearing dates: 24 October 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Pursuant to subsection 85(3) of the Industrial Relations Act 1996 the Commission accepts the unfair dismissal application of Alisdair Macdonald despite it being made out of time Catchwords: UNFAIR DISMISSAL – application made out of time – sufficient reason to accept application established by finest of margins – application accepted Legislation Cited: Industrial Relations Act 1996 Government Sector Employment Act 2013 Cases Cited: Australian Rail, Tram and Bus Industry Union, NSW Branch (on behalf of Sanawaz Burtaleea) and State Transit Authority of NSW [2011] NSWIRComm 1011 Blue Mountains Local Health District [2016] NSWIRComm 1002 Denis James Dominguez and Department of Finance, Services and Innovation [2017] NSWIRComm 1053 Department of Justice ([2017] NSWIRComm 1059 Hilton Mtanda and New South Wales Health, Nepean John v NSW Health Pathology [2016] NSWIRComm 1042 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Public Service Association of NSW (o/b Morawsky) v Shao v Department of Aging Disability and Home Care [2017] NSWIRComm 1054 Stephen York and NSW Department of Education [2015] NSWIRComm 1011 Category: Procedural and other rulings Parties: Alisdair Macdonald (Applicant)