Isaac v Department of Family and Community Services [2018] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: Isaac v Department of Family and Community Services [2018] NSWIRComm 1008 Hearing dates: 8 February 2018 Date of orders: 19 February 2018 Decision date: 19 February 2018 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 – 6 months out of time - principles - matters to be considered in exercise of discretion – significant length of delay - representative error argued - no reason advanced for significant portion of delay – no evidence as to hardship to employee – applicant at all times aware of 21 day limit - application refused Legislation Cited: Industrial Relations Act 1996 s.84, s.85(3) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Director-General of Education and Training v Bond [2009] NSWIRComm 40 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 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 1000 McClymont and Thomson Financial Pty Ltd [2002] NSWIRComm 283 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Category: Procedural and other rulings Parties: Ms Rosanna Isaac (applicant) Department of Family and Community Services (respondent) Representation: A Jordan (counsel) applicant A Joseph (counsel) respondent File Number(s): 2017/00322676