Grant Andrew Bailey v GHE Pty Ltd [1995] IRCA 545

Grant Andrew Bailey v GHE Pty Ltd [1995] IRCA 545

Leave to proceed out of time was refused because the application was filed well outside the 14 day period, the applicant knew the stated reason for his termination at the time it occurred, the evidence did not establish any later-discovered matter of consequence or substance justifying delay, and there was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 September 1995
Procedural Posture
Application Pursuant to S170 EA of the Industrial Relations Act 1988 Relating to Termination of Employment / Application for Leave to Proceed Out of Time and Respondent's Notice of Motion Seeking Dismissal for Being Out of Time
Outcome
Leave to file the application out of time was refused and the application was dismissed.
Legal Topics
['termination of Employment' 'extension of Time' 'out of Time Application']
['industrial Relations' 'employment Law'] ['termination of Employment' 'extension of Time' 'out of Time Application']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to S170 EA of the Industrial Relations Act 1988 Relating to Termination of Employment / Application for Leave to Proceed Out of Time and Respondent's Notice of Motion Seeking Dismissal for Being Out of Time

Legal Issues

  1. 1 ['Whether leave should be granted to proceed with an application filed outside the time limit in S170EA(3) of the Industrial Relations Act 1988.' 'Whether the applicant had an acceptable explanation for the delay in filing the application.' 'Whether there was any matter not known to the applicant at the time of termination that justified granting leave to proceed out of time.']

Ratio Decidendi

Leave to proceed out of time was refused because the application was filed well outside the 14 day period, the applicant knew the stated reason for his termination at the time it occurred, the evidence did not establish any later-discovered matter of consequence or substance justifying delay, and there was insufficient basis for an extension of time.

Court Disposition

Leave to file the application out of time was refused and the application was dismissed.

Orders

  • ['I refuse leave to file the application out of time.' 'This application is dismissed.']