McHughes v Secretary, Department of Education [2020] NSWIRComm 1033

Industrial Relations Commission New South Wales Medium Neutral Citation: McHughes v Secretary, Department of Education [2020] NSWIRComm 1033 Hearing dates: Jurisdictional question determined "on the papers" Date of orders: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: The application for extension of time pursuant to s 85 is accepted Catchwords: UNFAIR DISMISSAL - application made out of time – principles – matters to be considered in exercise of discretion – availability of remedy to employee limited by sub-s 21(6) Education (School Administrative and Support Staff) Act 1987 – hardship to employee and employer considered – application accepted Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 85 Education (School Administrative and Support Staff) Act 1987, s 21 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 John v NSW Health Pathology [2016] NSWIRComm 1042 Katsantonis v Inner West Council [2017] NSWIRComm 1015 Lucic v Nolan (1982) 45 ALR 411 Skelly v Prouds Jewellers Pty Limited (1994) 53 IR 3 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: Belmont James McHughes (applicant) Secretary, Department of Education (respondent) Representation: Applicant in person M Buchanan (respondent) File Number(s): 2019/109513