Samaan v Astra Zeneca Pty Ltd [2005] NSWIRComm 1090

Samaan v Astra Zeneca Pty Ltd [2005] NSWIRComm 1090

There was not a sufficient reason to accept the unfair dismissal application out of time, as the applicant did not establish credible grounds for the delay and evidence did not support excessive hardship or employer fault.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2005
Procedural Posture
Unfair Dismissal Application / Jurisdictional Determination/out of Time Application
Outcome
Application dismissed
Legal Topics
['unfair Dismissal' 'breach of Code of Conduct' 'out of Time Application' 'jurisdiction' 'industrial Relations Act 1996']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'breach of Code of Conduct' 'out of Time Application' 'jurisdiction' 'industrial Relations Act 1996']

Source-derived case record

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Procedural Posture

Unfair Dismissal Application / Jurisdictional Determination/out of Time Application

Legal Issues

  1. 1 ['Whether the application for unfair dismissal should be accepted out of time under section 85(3) of the Industrial Relations Act 1996' 'Whether sufficient reason was established for not lodging the application within the required time frame']

Ratio Decidendi

There was not a sufficient reason to accept the unfair dismissal application out of time, as the applicant did not establish credible grounds for the delay and evidence did not support excessive hardship or employer fault.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']