Richard Kinninmont v Ku-ring-gai Council [2019] NSWIRComm 1029

Richard Kinninmont v Ku-ring-gai Council [2019] NSWIRComm 1029

Leave is granted to amend the application for relief from victimisation pursuant to s 213 of the Industrial Relations Act 1996 (NSW) only to the extent that allegations relate to the applicant's use of leave entitlements under clause 21 of the Local Government (State) Award 2017 and failure to apply...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Application for Relief From Victimisation / Ruling on Leave to Amend Application
Outcome
Leave granted in part to amend application; other amendments rejected as out of time.
Legal Topics
['victimisation' 'amendment of Pleadings' 'limitation Periods']
['industrial Relations' 'civil Procedure'] ['victimisation' 'amendment of Pleadings' 'limitation Periods']

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Procedural Posture

Application for Relief From Victimisation / Ruling on Leave to Amend Application

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application for relief from victimisation out of time' 'Whether the amendments relate to matters protected by industrial relations legislation' 'Whether orders relating to investigation conduct are available under s 213(2) of the Act']

Ratio Decidendi

Leave is granted to amend the application for relief from victimisation pursuant to s 213 of the Industrial Relations Act 1996 (NSW) only to the extent that allegations relate to the applicant's use of leave entitlements under clause 21 of the Local Government (State) Award 2017 and failure to apply policies/procedures or premature closure of investigation; all other allegations are rejected as out of time.

Court Disposition

Leave granted in part to amend application; other amendments rejected as out of time.

Orders

  • ['Leave is granted to the applicant to amend the Victimisation Application only as specified.' 'All other amendments are rejected as out of time.' 'Applicant to file and serve amended application for relief by 4:00pm on 29 April 2019.' 'Respondent may apply regarding additional evidence and costs by 4:00pm on 1 May...