Sen v Doors Plus Pty Ltd [2006] NSWIRComm 85

Sen v Doors Plus Pty Ltd [2006] NSWIRComm 85

The applicant did not provide clear and compelling reasons for an adjournment because the real reason for the application was his proposed visit to China rather than his cousin's illness; the adjournment application was therefore refused.

Jurisdiction
Australia
Judgment Date
08 March 2006
Procedural Posture
Application Pursuant to S 84 of the Industrial Relations Act 1996 Re Unfair Dismissal / Application by Applicant for Adjournment of Hearing
Outcome
Application for adjournment refused.
Legal Topics
['unfair Dismissal' 'adjournment of Hearing' 'practice Direction 17']
['industrial Relations' 'employment Law' 'practice and Procedure'] ['unfair Dismissal' 'adjournment of Hearing' 'practice Direction 17']

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Procedural Posture

Application Pursuant to S 84 of the Industrial Relations Act 1996 Re Unfair Dismissal / Application by Applicant for Adjournment of Hearing

Legal Issues

  1. 1 ['Whether the applicant provided clear and compelling reasons justifying an adjournment of the unfair dismissal hearing listed for 5 April 2006.']

Ratio Decidendi

The applicant did not provide clear and compelling reasons for an adjournment because the real reason for the application was his proposed visit to China rather than his cousin's illness; the adjournment application was therefore refused.

Court Disposition

Application for adjournment refused.

Orders

  • ['The application for an adjournment is refused.' 'The matter will proceed as programmed for hearing commencing 10.00 am on Wednesday 5 April 2006.']