Anthony Ian Fox v NSW Department of Industry [2018] NSWIRComm 1047

Industrial Relations Commission New South Wales Medium Neutral Citation: Anthony Ian Fox v NSW Department of Industry [2018] NSWIRComm 1047 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Application for extension of time pursuant to s 85(3) refused Catchwords: UNFAIR DISMISSAL - application made out of time – 12 months out of time - principles - matters to be considered in exercise of discretion – significant length of delay – mental health argued – employer contribution to delay argued – applicant had pursued alternative avenues for redress – no sufficient reason advanced for significant portion of delay – limited evidence as to hardship to employee – application refused Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 Clark v Family and Community Services – Ageing, Disability and Home Care Services [2014] NSWIRComm 1022 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 Isaac v Department of Family and Community Services [2018] NSWIRComm 1008 Jess v Scott (1986) 12 FCR 187 Lucic v Nolan (1982) 45 ALR 411 Category: Procedural and other rulings Parties: Mr Anthony Ian Fox (applicant) NSW Department of Industry (respondent) Representation: Counsel: