Richard William Dalgleish v Hedland College [1995] IRCA 122

Richard William Dalgleish v Hedland College [1995] IRCA 122

The delay was not unreasonable given the applicant's actions in appealing internally and to the Public Service Appeal Board, lack of legal representation, and prompt action upon learning of court remedies. The respondent will not suffer material prejudice, and the applicant would be severely prejudiced by refusal. Therefore, the extension of time is fair and proper.

Jurisdiction
Australia
Judgment Date
22 February 1995
Procedural Posture
Application Under Industrial Relations Act 1988 S170 EA for Extension of Time to Challenge Termination / Hearing and Determination of Preliminary Application (extension of Time)
Outcome
Extension of time granted
Legal Topics
['termination of Employment' 'extension of Time' 'unlawful Termination' 'procedure Under Industrial Relations Act']
['industrial Law'] ['termination of Employment' 'extension of Time' 'unlawful Termination' 'procedure Under Industrial Relations Act']

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Procedural Posture

Application Under Industrial Relations Act 1988 S170 EA for Extension of Time to Challenge Termination / Hearing and Determination of Preliminary Application (extension of Time)

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file an application alleging unlawful termination under section 170EA of the Industrial Relations Act 1988']

Ratio Decidendi

The delay was not unreasonable given the applicant's actions in appealing internally and to the Public Service Appeal Board, lack of legal representation, and prompt action upon learning of court remedies. The respondent will not suffer material prejudice, and the applicant would be severely prejudiced by refusal. Therefore, the extension of time is fair and proper.

Court Disposition

Extension of time granted

Orders

  • ["The period within which the applicant's application for a remedy in respect of the term of his employment is to be made be extended until 16 September 1994." 'There be no order as to costs.']