Denis James Dominguez v Industrial Relations Secretary (No.2) [2019] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Denis James Dominguez v Industrial Relations Secretary (No.2) [2019] NSWIRComm 1003 Hearing dates: 16 March 2018 Date of orders: 16 March 2018 Decision date: 21 January 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Commissioner Stanton; Commissioner Newall Decision: Leave to appeal is refused Catchwords: APPEAL – leave to appeal – unfair dismissal application lodged out of time –principles to apply – whether appeal raises substantial issues of principle or law or issues having any wider application than to the parties themselves - Commissioner's determination to refuse an extension of time at first instance was correct – appeal dismissed Legislation Cited: Industrial Relations Act 1996 Government Sector Employment Act 2013 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Denis James Dominguez and Department of Finance, Services and Innovation [2017] NSWIRComm 1053 Goren and Linkware Australia Pty Ltd [2002] NSWIRComm 336 House v The King (1936) 55 CLR 499 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Principal judgment Parties: Denis James Dominguez (Appellant) Industrial relations Secretary (Respondent) Representation: Counsel: M Seck (Respondent)