Katsantonis v Inner West Council [2017] NSWIRComm 1015

Katsantonis v Inner West Council [2017] NSWIRComm 1015

The applicant was aware of the correct forum and the time limit for lodging the application within the statutory period. No compelling reason was advanced explaining why the application was not made within time. The Commission, applying relevant statutory and case law principles, determined there was not sufficient...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 April 2017
Procedural Posture
Unfair Dismissal Application / Interlocutory Application for Extension of Time
Outcome
application dismissed
Legal Topics
['unfair Dismissal' 'extension of Time' 'procedural Discretion']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'extension of Time' 'procedural Discretion']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Unfair Dismissal Application / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 ['Whether there is sufficient reason to accept an unfair dismissal application lodged 16 days out of time pursuant to s.85(3) of the Industrial Relations Act 1996']

Ratio Decidendi

The applicant was aware of the correct forum and the time limit for lodging the application within the statutory period. No compelling reason was advanced explaining why the application was not made within time. The Commission, applying relevant statutory and case law principles, determined there was not sufficient reason to exercise discretion in favour of accepting the late application.

Court Disposition

application dismissed

Orders

  • ['The application made by Ms Rebecca Katsantonis pursuant to s.84 of the Act is dismissed for reason that it is not brought within time.' 'The Summons to Produce issued to Ms Katsantonis on 28 February 2017 is set aside.']