Barratt v Byrtford [1996] IRCA 204

Barratt v Byrtford [1996] IRCA 204

The Court was not satisfied that there was an acceptable explanation for the delay in bringing the application. No action was taken to contest the termination until the application was filed; prejudice arose to the respondent due to a replacement employee being hired; and fairness to others in like positions militated against extending time. Discretion to extend time under s170EA(3)(b) of the Industrial Relations Act 1988 was not exercised in the applicant's favour.

Parties
Applicant: Roger Coyne; Respondent: Ansett Transport Industries (Operations) Pty Ltd
Jurisdiction
Australia
Judgment Date
29 February 1996
Procedural Posture
Review of Judicial Registrar's Decision / Application to Review Extension of Time Decision
Outcome
Application dismissed
Legal Topics
Extension of Time, Unfair Dismissal, Judicial Registrar's Powers, Reinstatement, Industrial Relations Act 1988
Industrial Law Extension of Time Unfair Dismissal Judicial Registrar's Powers Reinstatement Industrial Relations Act 1988

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Parties

Roger Coyne

Applicant

Ansett Transport Industries (Operations) Pty Ltd

Respondent

Procedural Posture

Review of Judicial Registrar's Decision / Application to Review Extension of Time Decision

Legal Issues

  1. 1 Whether an extension of time to file the application under s170EA of the Industrial Relations Act 1988 should be granted

Ratio Decidendi

The Court was not satisfied that there was an acceptable explanation for the delay in bringing the application. No action was taken to contest the termination until the application was filed; prejudice arose to the respondent due to a replacement employee being hired; and fairness to others in like positions militated against extending time. Discretion to extend time under s170EA(3)(b) of the Industrial Relations Act 1988 was not exercised in the applicant's favour.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The orders of Judicial Registrar Boon of 22 December 1995 be set aside.