John Nicolis v Canterbury-Bankstown Council [2018] NSWIRComm 1082

Industrial Relations Commission New South Wales Medium Neutral Citation: John Nicolis v Canterbury-Bankstown Council [2018] NSWIRComm 1082 Hearing dates: 20 December 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: (1) Direct that the name of the respondent be amended to Canterbury‑Bankstown Council.

(2) Mr Nicolis' application that the Commission accept the Application out of time is rejected.

(3) The Application is dismissed for the reason that it is not brought within time. Catchwords: UNFAIR DISMISSAL - application made 7 months out of time – principles – matters to be considered in exercise of discretion Legislation Cited: Fair Work Act 2009 (Cth) s 394(2) Industrial Relations Act 1996 (NSW) ss 84, 85 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 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Hurrell v Queensland Cotton Corporation Limited (2003) 125 IR 145 Isaac v Department of Family and Community Services [2018] NSWIRComm 1008 Lucic v Nolan (1982) 45 ALR 411 Category: Procedural and other rulings Parties: John Nicolis (Applicant)