Briscoe-Hough v Edward River Council [2023] NSWIRComm 1046

Briscoe-Hough v Edward River Council [2023] NSWIRComm 1046

The applicant's employment ended on 6 January 2023. The unfair dismissal application, filed on 7 February 2023, was outside the 21-day period prescribed by s85(1) of the Industrial Relations Act 1996. The applicant did not provide a sufficient reason under s85(3) for the delay—neither the reason nor the length of delay were satisfactorily explained, and hardship advanced was merely the loss of opportunity to pursue the application. The application was therefore not accepted out of time.

Parties
Applicant: Gregory James Briscoe-Hough; Respondent: Edward River Council
Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Unfair Dismissal Application / Procedural Ruling on Acceptance of Out of Time Application
Outcome
Application not accepted out of time
Legal Topics
Unfair Dismissal, Time Limits for Applications, Constructive Dismissal, Leave to Proceed Out of Time
Employment and Industrial Law Unfair Dismissal Time Limits for Applications Constructive Dismissal Leave to Proceed Out of Time

Case Brief

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Parties

Gregory James Briscoe-Hough

Applicant

Edward River Council

Respondent

Procedural Posture

Unfair Dismissal Application / Procedural Ruling on Acceptance of Out of Time Application

Legal Issues

  1. 1 Whether the applicant's employment ended on 6 January 2023
  2. 2 Whether the unfair dismissal application was made within the time prescribed by s85(1) of the Industrial Relations Act 1996
  3. 3 Whether there is sufficient reason to accept the application out of time under s85(3) of the Industrial Relations Act 1996

Ratio Decidendi

The applicant's employment ended on 6 January 2023. The unfair dismissal application, filed on 7 February 2023, was outside the 21-day period prescribed by s85(1) of the Industrial Relations Act 1996. The applicant did not provide a sufficient reason under s85(3) for the delay—neither the reason nor the length of delay were satisfactorily explained, and hardship advanced was merely the loss of opportunity to pursue the application. The application was therefore not accepted out of time.

Court Disposition

Application not accepted out of time

Orders

  • The applicant's employment by the respondent ended on 6 January 2023.
  • The application was not made within the time prescribed by s85(1) of the Industrial Relations Act 1996.