Jannell Storr v Industrial Relations Secretary on behalf of the Secretary, Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1049

Industrial Relations Commission New South Wales Medium Neutral Citation: Jannell Storr v Industrial Relations Secretary on behalf of the Secretary, Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1049 Date of orders: 23 August 2018 Decision date: 23 August 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Application for relief from victimisation rejected Catchwords: APPLICATION FOR RELIEF FROM VICTIMISATION – application made out of time – more than 13 months out of time – principles – matters to be considered in exercise of discretion – significant length of delay – representative error argued – mental health argued – applicant had pursued alternative avenues for redress – no sufficient reason advanced for significant portion of delay – hardship to employee and employer considered – applicant's prospects of success considered – application rejected Legislation Cited: Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 139 ALR 1 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 (2002) 125 IR 145 Public Service Association of NSW (o/b Morawsky) v Department of Justice [2017] NSWIRComm 1059 Jess v Scott (1986) 12 FCR 187 Lucic v Nolan (1982) 45 ALR 411 Prehm v Department of Environment and Conservation [2006] NSWIRComm 222 Skelly v Prouds Jewellers Pty Limited (1994) 53 IR 3 Category: Procedural and other rulings Parties: Jannell Storr (Applicant)