Nickel and Fire and Rescue NSW [2012] NSWIRComm 49

Nickel and Fire and Rescue NSW [2012] NSWIRComm 49

The reasons for the delay were not sufficient to justify an exercise of discretion to admit an application filed outside the statutory time limit. The hardship balance and applicant’s conduct did not support granting an extension. The employer’s conduct was proper and the matter is concluded by operation of the statutory limit.

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Application for Relief From Termination of Employment / Application to Extend Time to File Complaint Decision
Outcome
Application to extend time refused; proceedings dismissed.
Legal Topics
['extension of Time' 'termination of Employment' 'industrial Relations Act 1996']
['industrial Law'] ['extension of Time' 'termination of Employment' 'industrial Relations Act 1996']

Case Brief

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Procedural Posture

Application for Relief From Termination of Employment / Application to Extend Time to File Complaint Decision

Legal Issues

  1. 1 ['Whether there is sufficient reason to accept an application out of time under s85(3) Industrial Relations Act 1996']

Ratio Decidendi

The reasons for the delay were not sufficient to justify an exercise of discretion to admit an application filed outside the statutory time limit. The hardship balance and applicant’s conduct did not support granting an extension. The employer’s conduct was proper and the matter is concluded by operation of the statutory limit.

Court Disposition

Application to extend time refused; proceedings dismissed.

Orders

  • ['Matter No IRC 541 of 2012 is dismissed.']