Tier v Illawarra Children's Services [2006] NSWIRComm 1125

Tier v Illawarra Children's Services [2006] NSWIRComm 1125

The adjournment application was declined because the matters relied on by the respondent did not amount to clear and compelling reasons under Practice Direction 17. The parties had already agreed that two weeks was sufficient for exchange of employment records and further discussions, the primary remedies of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 August 2006
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Preliminary Conciliation Listing; Respondent's Application to Vacate the Further Conference and Adjourn the Matter
Outcome
Adjournment application declined; matter confirmed for conference on 16 August 2006 at Wollongong.
Legal Topics
['unfair Dismissal' 'probationary Employment' 'casual Employment' 'long Service Leave' 'adjournment Applications' 'industrial Agents' 'jurisdiction']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'probationary Employment' 'casual Employment' 'long Service Leave' 'adjournment Applications' 'industrial Agents' 'jurisdiction']

Source-derived case record

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Preliminary Conciliation Listing; Respondent's Application to Vacate the Further Conference and Adjourn the Matter

Legal Issues

  1. 1 ['Whether the respondent had shown clear and compelling reasons under Practice Direction 17 to adjourn the listed conciliation conference.' "Whether the applicant's alleged probationary status raised a jurisdictional bar to an unfair dismissal application." 'Whether a further jurisdictional issue based on federal legislation justified vacating the conciliation conference.' 'Whether requirements applying to industrial agents under the Industrial Relations Act 1996 and Industrial Relations Commission Rules 1996 had been met.']

Ratio Decidendi

The adjournment application was declined because the matters relied on by the respondent did not amount to clear and compelling reasons under Practice Direction 17. The parties had already agreed that two weeks was sufficient for exchange of employment records and further discussions, the primary remedies of reinstatement and re-employment made the matter time-sensitive, and any jurisdictional issue could be dealt with at the listed conference in accordance with Practice Direction 17.

Court Disposition

Adjournment application declined; matter confirmed for conference on 16 August 2006 at Wollongong.

Orders

  • ['The application for an adjournment is declined.' "The matter is listed for conference at 10.30am on Wednesday, 16 August 2006 at the Commission's premises in Wollongong." "The exchange of information and discussions should proceed in accordance with the parties' agreement and undertakings noted on 2 August 2006."]