Bogusia Sonia Kopec v Australian Securities Commission [1996] IRCA 31

Bogusia Sonia Kopec v Australian Securities Commission [1996] IRCA 31

The court lacks jurisdiction as the termination of employment occurred prior to 30 March 1994, the effective date for Division 3 Part VIA of the Industrial Relations Act 1988. Additionally, leave to extend time for filing is refused as insufficient cause was shown for the delay, resulting in dismissal of the application.

Jurisdiction
Australia
Judgment Date
09 February 1996
Procedural Posture
Application Under S170 EA Industrial Relations Act 1988 / Decision on Jurisdiction and Leave to File Out of Time
Outcome
Application dismissed
Legal Topics
['unlawful Termination' 'jurisdiction' 'time Limitation' 'costs']
['industrial Law'] ['unlawful Termination' 'jurisdiction' 'time Limitation' 'costs']

Case Brief

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Procedural Posture

Application Under S170 EA Industrial Relations Act 1988 / Decision on Jurisdiction and Leave to File Out of Time

Legal Issues

  1. 1 ['Whether the court has jurisdiction to hear the application under s170EA given the termination date' 'Whether leave to file the application out of time should be granted' 'Whether costs should be awarded against the applicant']

Ratio Decidendi

The court lacks jurisdiction as the termination of employment occurred prior to 30 March 1994, the effective date for Division 3 Part VIA of the Industrial Relations Act 1988. Additionally, leave to extend time for filing is refused as insufficient cause was shown for the delay, resulting in dismissal of the application.

Court Disposition

Application dismissed

Orders

  • ['That the application made pursuant to s170EA of the Industrial Relations Act 1988 be dismissed.' 'That the applicant pay to the respondent its costs set at $500.00.' 'Time for payment is 120 days from the date of order.']