Sholo v Secretary, Department of Education [2019] NSWIRComm 1059

Industrial Relations Commission New South Wales Medium Neutral Citation: Sholo v Secretary, Department of Education [2019] NSWIRComm 1059 Hearing dates: Jurisdictional question determined "on the papers" Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: (1) The application for extension of time pursuant to s 85 refused (2) The application is dismissed Catchwords: UNFAIR DISMISSAL - application made out of time – principles – matters to be considered in exercise of discretion – significant delay – ignorance of the jurisdiction - no sufficient reason advanced for significant portion of delay – hardship to employee and employer considered – application refused Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 85 Cases Cited: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 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 Xiao v Secretary, Department of Justice [2018] NSWIRComm 1034 York v NSW Department of Education and Communities [2015] NSWIRComm 37 Category: Procedural and other rulings Parties: Yemma Christine Sholo (applicant) Secretary, Department of Education (respondent) Representation: Applicant in person M Seck of counsel (respondent) File Number(s): 2018/342099