Peter Thomas Bata and Real Estate Network Pty Ltd (formerly EJ Doherty Real Estate Pty Ltd [1995] IRCA 241

Peter Thomas Bata and Real Estate Network Pty Ltd (formerly EJ Doherty Real Estate Pty Ltd [1995] IRCA 241

The passage of a significant period of time between termination and the application, without sufficient explanation or justification for the delay, coupled with the respondent not being placed on notice, meant that there were insufficient factors to warrant granting leave to proceed out of time under s170EA(3)(b).

Jurisdiction
Australia
Judgment Date
26 May 1995
Procedural Posture
Application for Leave to Proceed Out of Time / Decision on Application for Leave
Outcome
Application for leave to proceed out of time dismissed.
Legal Topics
['extension of Time' 'unlawful Termination' 'procedural Fairness']
['employment Law' 'industrial Relations'] ['extension of Time' 'unlawful Termination' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Proceed Out of Time / Decision on Application for Leave

Legal Issues

  1. 1 ['Whether leave should be granted to proceed with an application filed outside the 14 day time limit under s170EA(3)(a) of the Industrial Relations Act 1988']

Ratio Decidendi

The passage of a significant period of time between termination and the application, without sufficient explanation or justification for the delay, coupled with the respondent not being placed on notice, meant that there were insufficient factors to warrant granting leave to proceed out of time under s170EA(3)(b).

Court Disposition

Application for leave to proceed out of time dismissed.

Orders

  • ['The application for leave to proceed out of time is dismissed.' 'The application is dismissed.']